Pawan Sah @ Pawan Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6619 of 2022 Arising Out of PS. Case No.-27 Year-2014 Thana- LAUKAHI District- Madhubani ====================================================== PAWAN SAH @ PAWAN KUMAR SAH S/o Santlal Sah R/o village- Chajan, P.S.- Laukahi, District- Madhubani ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 27-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks bail in connection with a case registered for the offences punishable under Sections 384, 386, 387, 353 and 34 of the Indian Penal Code.

The prosecution case, in short, is that on 25.02.2014, the informant and Hira Lal were deputed at the house of Jagdish Das for his safety, in the meantime, the informant received a call from his house that two persons boarded on Pulsar motorcycle had come to meet him, upon this the informant and Hira Lal proceeded to his house, in the meantime, in the way, both persons namely, Pawan Sah (petitioner) and one unknown

Patna High Court CR. MISC. No.6619 of 2022(3) dt.27-07-2022 2/3 person demanded one lakh as rangdari (ransom) from the informant. It is further alleged that the accused persons giving threatening to informant as stated in the written statement. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the petitioner neither demanded rangdari nor threatened to the informant. It is further submitted that the petitioner has been implicated in this case due to dirty village politics. The petitioner is in judicial custody since 16.11.2019, charge-sheet has been submitted in the case and has antecedent of 25 cases.

Learned A.P.P. for the State opposes the prayer for regular bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned 1st Additional Chief Judicial Magistrate, Jhanjharpur in connection with Laukahi P.S. Case No. 27 of 2014, subject to the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every dated fixed by the Court

Patna High Court CR. MISC. No.6619 of 2022(3) dt.27-07-2022 3/3 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

(3) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(4) The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse. (Khatim Reza, J) annpurna/- U T