Satendra Ram @ Satyendra Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19619 of 2021 Arising Out of PS. Case No.-314 Year-2018 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Satendra Ram @ Satyendra Ram S/o Late Bipal Ram R/o village- Dhantoliya, P.S.- Barauli, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghav Prasad, Advocate For the Opposite Party/s :
Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with G.B. Nagar P.S. Case No. 314 of 2018 instituted for the offences under Section 394 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 01.10.2020, charge-sheet has been submitted in the case and has got one criminal antecedent as mentioned in paragraph '3' of the bail application. Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that the informant alleges that on 26.09.2018 at 1.00 am when he was proceeding from Siwan to Afrad with two passengers by his tempo, some miscreants came on Scorpio and
Patna High Court CR. MISC. No.19619 of 2021(3) dt.25-11-2021 2/2 thereafter it is alleged that they took away the tempo of the petitioner and fled away.
Learned counsel for the petitioner submits that though it is recorded in the impugned order that the tempo was recovered at the instance of this petitioner but at paragraph '12' of the bail application it has been specifically stated that the learned Sessions Judge had committed error of record by recording the said fact when the tempo was not recovered at the instance of this petitioner.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody since 01.10.2020 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Siwan in connection with G.B. Nagar P.S. Case No. 314 of 2018 subject to the condition as laid down under Section 437 (3) Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T