Bablu Kumar Sahani @ Sadhu Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27707 of 2021 Arising Out of PS. Case No.-407 Year-2020 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Bablu Kumar Sahani @ Sadhu Sahani Son Of Nandu Sahani Resident of Village - Majharia, P.S.,- Piprakothi, Distt.- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Roy, Advocate For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-11-2021 Let the defect(s), if any, as pointed out by the Office, be removed within four weeks of start of normal functioning of the physical Court.
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks regular bail in connection with Muffasil P.S. Case No.407 of 2020 registered for the offence under Section 414, 420, 467 and 468 of the IPC. As per prosecution case, the police forces caught the petitioner who confessed that he had killed one youth and he also confessed that he has come here to distribute the remaining amount for above offence.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.27707 of 2021(3) dt.25-11-2021 2/3 petitioner has committed no offence and he has falsely been implicated in this case. He further submits that no specific allegation attributed against this petitioner. In fact, the motorcycle was recovered on 03.09.2020 and the confessional statement of the petitioner has been recorded on 03.09.2020 and the present FIR has been lodged on 04.09.2020. He further submits that the chargesheet has already been filed against this petitioner. He further submits that the petitioner has clean antecedent and he is in custody since 04.09.2020. However, learned APP for the State vehementally opposed the prayer for regular bail.
In the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned CJM, East Champaran at Motihari in connection with Muffasil P.S. Case no. 407 of 2020 corresponding to G.R. No. 6667 of 2020 with 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/her absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.27707 of 2021(3) dt.25-11-2021 3/3 reason, his/her 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) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(iv) 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 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) brajesh kumar/- U T