Pradeep Baitha @ Baitha Ji v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31987 of 2017 Arising Out of PS.Case No. -323 Year- 2014 Thana -MEERGANJ District- GOPALGANJ ====================================================== Pradeep Baitha @ Baitha Ji, son of Jawahar Dhobi @ Jawahir Baitha, r/o. vill. Hasuwa, P.S. Nautan, District Siwan .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 04.05.2017 in connection with Trial No. 280 of 2017, arising out of Mirganj P.S. Case No. 323 of 2014 for the alleged offences under Sections 392 and later added Section 395 of the Indian Penal Code.
3. It is submitted that the petitioner has been falsely implicated merely on the extra judicial confessional statement of co-accused Ranjan Kumar Singh, who has since been granted bail by this Court in Cr. Misc. No. 38210 of 2015. Other co-accused persons also named by the said Ranjan Kumar Singh such as Amit Kumar Rai @ Amit Kumar Ray and Vikash Kumar Mishra @ Munna Mishra have also been granted bail by this Court in Cr. Misc. No. 17627 of 2015 and Cr. Misc. No. 29451 of 2015 respectively. The petitioner is similarly situated with those co-accused persons. The
Patna High Court Cr.Misc. No.31987 of 2017 (2) dt.13-07-2017 petitioner claims clean antecedents.
4. Be that as it may, having regard to the entirety of the facts and circumstances of the case. let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.XII, Gopalganj in connection with Trial No. 280 of 2017, arising out of Mirganj P.S. Case No. 323 of 2014 on the following conditions :- (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii)That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T