Patna High CourtCR. MISC./18920/2025bail granted

Satish Chandra Verma @ Satish Kumar Kashyap v. The State Of Bihar

2025-04-23Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18920 of 2025 Arising Out of PS. Case No.-694 Year-2024 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Satish Chandra Verma @ Satish Kumar Kashyap Son Of Rajendra Prasad Resident Of Village- Barah Pathar, Dehri On Sone, P.S.- Dehri On Sone, District- Rohtas, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Prakash Sahay, Advocate Ms. Ankita Kumari, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-04-2025 Heard Mr. Aditya Prakash Sahay, learned counsel for the petitioner and Mr. Mithilesh Kumar Khare, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Aurangabad (Town) P.S. Case No. 694 of 2024, F.I.R. dated 01.10.2024 for the offences punishable under Sections 329(4), 304(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. According to prosecution case, two unknown persons entered into the house of the informant and snatched her chain and ring.

4. Learned counsel for the petitioner submits that

2/4 petitioner is innocent and he has falsely been implicated in the present case on the basis of the confessional statement made by the co-accused person, namely, Arif Ali and on the basis of that the petitioner has been falsely implicated altogether in seven cases including the present one. The petitioner is not named in the F.I.R., the name of the transpired on the basis of the confessional statement made by co-accused person and as per allegation in the F.I.R., the petitioner has purchased the stolen gold from the co-accused person. He further submits that the allegation as alleged in the F.I.R is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R., apart from that the petitioner has been granted bail in three cases out of seven cases and except the confessional statement of the co-accused person no other cogent material has come during investigation, which suggests the involvement of the petitioner in the present occurrence.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts that except the confessional statement of the co-accused person no other cogent material has come during investigation, which suggests the involvement of the petitioner in the present occurrence, let the

3/4 petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad (Town) P.S. Case No. 694 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the B.N.S.S., 2023 and with other following conditions:- i. 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for

4/4 cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Jyoti Kumari/- U T