Sanjay Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11248 of 2019 Arising Out of PS. Case No.-149 Year-2017 Thana- MAINATAND District- West Champaran ====================================================== Sanjay Patel, aged about 35 years, Male, S/o Gorakh Patel, Resident of Village- Chiutaha, P.S.- Mainatand, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-04-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 394 of the Indian Penal Code. Informant has alleged that on 10.12.2017 after collecting the money while he was going with Md. Shammi, he was intercepted by three accused on a motorcycle who started abusing and assaulting him and they looted Rs. 1,70,000/- kept in dickey of the motorcycle and fled away. He has stated in his written complaint that he can identify the miscreants if they are brought before him and he has given vivid description of the accused.

It has been submitted on behalf of the petitioner that he has been implicated in this case on the basis of suspicion and criminal antecedent. Nothing has been recovered from the

Patna High Court CR. MISC. No.11248 of 2019(2) dt.04-04-2019 2/3 possession of the petitioner and although informant has stated that he can identify the accused, he was not subjected to any TIP. It has been further submitted that similarly placed coaccused has been granted bail by this Court as contained in Annexure 2 series of this petition.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Mainatand P.S. Case No. 149/2017 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the

Patna High Court CR. MISC. No.11248 of 2019(2) dt.04-04-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T