Sunil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12268 of 2022 Arising Out of PS. Case No.-150 Year-2016 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== SUNIL SAH Son of Late Rajendra Sah, Resident of Village/Mohalla- Bag Musa, P.S.- Hajipur Town in the District of Vaishali. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kazi Mohammadpur P. S. Case No. 150 of 2016 lodged under Sections 395 and 412 of the Indian Penal Code. As per the F.I.R., the occurrence of robbery alleging against unknown was taken place. The petitioner is in custody since 03.11.2021.

Learned counsel for the petitioner submits that investigation has already been completed and charge sheet has been filed. He further submits that nothing was recovered from

Patna High Court CR. MISC. No.12268 of 2022(3) dt.11-08-2022 2/3 the possession of the petitioner and he was never put on T.I.P. On the point of his criminal antecedent, he submits that he is ready to fulfill all the conditions whatsoever it may be, imposed by the Court. Learned counsel for the petitioner further submits that the other co-accused persons were also granted bail by the Co-ordinate Bench of this Court, a details mentioned in para-11 of the petition.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Kazi Mohammadpur P.S. Case No. 150 of 2016, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

Patna High Court CR. MISC. No.12268 of 2022(3) dt.11-08-2022 3/3 B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T