Pintu Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24042 of 2021 Arising Out of PS. Case No.-146 Year-2020 Thana- SONBERSA District- Sitamarhi ====================================================== PINTU GIRI, Son of Raj Karan Giri Resident of Village - Janki Nagar, Ward No. 02, P.S.- Sonbarsa, District - Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hans Lal Kumar, Advocate For the Opposite Party/s :
Mr.Tapeshwar Sharma, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 26.08.2020, seeks regular bail in connection with Sonbarsa P.S. Case No. 146 of 2020, for the offence punishable under Sections 392 of the Indian Penal Code.
The prosecution case, in brief, is that two unknown persons having country made pistol stopped the informant forcibly and snatched black colour bag containing Rs. 1,50,000/-, laptop Morko, Pinpad, printer machine, Charger, Wifi and other necessary documents of the bank and mobile phone bearing SIM No. 9631322924 & 9123496401 and Wifi
Patna High Court CR. MISC. No.24042 of 2021(6 ) dt.24-01-2022 2/3 No. 6201766579. The name of petitioner has surfaced in course of investigation and it has been found that the said SIM number was used by the petitioner.
Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that the petitioner has purchased the said mobile from Amit Sahni. The petitioner is in custody since 26.08.2020.
Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.
Considering the aforementioned facts and circumstances of the case, the Court below is directed to seek report from the concerned Superintendent of police having jurisdiction with respect to the details of cases against the petitioner and if no other criminal case is pending against the petitioner, as stated in paragraph No.3 of the bail application, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitmarhi in connection with Sonbarsa P.S. Case No. 146 of 2020, subject to the condition that the petitioner will appear before the S.H.O. of
Patna High Court CR. MISC. No.24042 of 2021(6 ) dt.24-01-2022 3/3 the concerned Police Station daily at 9.00 A.M and the S.H.O is required to send attendance of the petitioner, on monthly basis, to the Superintendent of Police, Muzaffarpur till conclusion of the trial, if there is even a single day default, the bail bonds of the petitioner will be cancelled as well as subject to the 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.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.
(Purnendu Singh, J) manish/- U T