Pradip Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.21083 of 2021 Arising Out of PS. Case No.-475 Year-2020 Thana- SIRDALA District- Nawada ====================================================== PRADIP KUMAR SON OF JAGO RAJVANSHI R/O VILLAGE BALUATARI P.S. SIRDALLA DISTRICT NAWADA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Verma, Adv.
For the Opposite Party/s :
Ms. Indur Kumari Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-08-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner in the present case is seeking regular bail in connection with Sirdalla P.S. Case No.475/2020 registered for the offences punishable under Section 414 of the Indian Penal Code.
As per the prosecution story, the informant who is S.I. of Sirdalla police station submitted a written report alleging therein that on 11.11.2020 at about 8.15 in the morning he received a confidential information that three boys have kept a
2/4 stolen motorcycle in the Nichli Market. It is alleged that after receiving this information he along with other police force reached at Dhobghat Paliya and saw that three boys are standing with one motorcycle. It is further alleged that on seeing the police party they tried to flee away but on chase they were apprehended. They disclosed their names as Pradip Kumar (petitioner), Raju Manjhi and Ranjan Kumar but they did not produce any document regarding the alleged motorcycle. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel submits that the petitioner has no concern with the alleged stolen motorcycle. It is submitted that the petitioner is in custody in connection with this case since 12.11.2020 having no criminal antecedent.
Learned counsel submits that similarly situated coaccused Raju Manjhi has been granted privilege of bail by a learned coordinate Bench of this Court vide order dated 30.07.2021 passed in Cr.Misc.No.21420/2021.
Learned APP for the State is present and has opposed the prayer for regular bail of the petitioner. Having regard to the facts and circumstances of the case wherein this petitioner has remained in custody in
3/4 connection with this case since 12.11.2020, he has no criminal antecdent and the similarly situated co-accused Raju Manjhi has been granted privilege of bail by a learned coordinate Bench of this Court in Cr.Misc.No.21420/2021, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Nawada in connection with Sirdalla P.S. Case No.475/2020, subject to the condition as laid down under Section 437 (3) Cr.P.C.
as under : (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage
4/4 it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.