Surendra Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13689 of 2022 Arising Out of PS. Case No.-70 Year-2020 Thana- JANTA BAZAR District- Saran ====================================================== SURENDRA SAH Son of Late Bisambhar Sah Resident of Village - Khedu Chapra, P.s.- Janata Bazar, Distt.- Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumari Rashmi For the Opposite Party/s :
Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-03-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 324, 354, 504, 379, 506 and 34 of the Indian Penal Code, later on added Section 302 of the IPC.
Earlier, prayer for bail of the petitioner was rejected vide order dated 26.10.2021 passed in Cr. Misc. No. 24261 of 2021 with liberty to him to renew his prayer for bail after framing of charge.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that now charge has been framed against the petitioner vide order dated 05.01.2022. He further submits that petitioner has no criminal antecedent as stated in para-3 of the
Patna High Court CR. MISC. No.13689 of 2022(2) dt.30-03-2022 2/3 bail application and he is languishing in judicial custody since 20.10.2020.
Considering the facts that charge has been framed against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Janata Bazar P.S. Case No. 70 of 2020, subject to the conditions:
(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to inform the court if there is any change in the address of the petitioner.
(II) that the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bonds shall be liable to be cancelled. (III) that the petitioner will mark his attendance in the local police station in the first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond. (IV) that the bailor shall also stated on affidavit that
Patna High Court CR. MISC. No.13689 of 2022(2) dt.30-03-2022 3/3 he will inform the Court concerned if the petitioner is implicated 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 proceeding for cancellation of bail on the ground of misuse. (Anjani Kumar Sharan, J) devendra/- U T