Santosh Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20445 of 2021 Arising Out of PS. Case No.-246 Year-2020 Thana- EKANGARSARAI District- Nalanda ====================================================== SANTOSH BIND Son of Vijay Bind Resident of Village- Bishunpur, P.S.- Ekangarsarai, District- Nalanda.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lovekush Kumar For the Opposite Party/s :

Mr.Tarun Pd. Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Ekangarsarai P.S. Case No. 246 of 2020, registered for the offence punishable under Sections 307, 323, 379 and other allied sections of the Indian Penal Code.

As per the prosecution case, all the FIR named accused persons including petitioner and two unknown miscreants armed with weapons surrounded the bus and coaccused Ranjit Kumar assaulted the bus driver by Pasuli causing injury on upper part of left eye, near the ear, chest and neck. Petitioner is alleged to have snatched away golden locket of

Patna High Court CR. MISC. No.20445 of 2021(2) dt.14-07-2021 2/3 Hanumanji and co-accused Tarun Kumar snatched away cash of Rs. 4500/- from the pocket of driver and co-accused Vijay Prasad assaulted the driver with lathi.

It is submitted on behalf of the petitioner that as per the FIR, there is no allegation of assault against this petitioner. Only allegation is that petitioner snatched away golden locket of Hanumanji. Petitioner is having clean antecedent and he is in custody since 21.10.2020. Investigation is complete. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Hilsa, Nalanda in connection with Ekangarsarai P.S. Case No. 246 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.20445 of 2021(2) dt.14-07-2021 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T