Shivji Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.30521 of 2021 Arising Out of PS. Case No.-136 Year-2020 Thana- GUTHANI District- Siwan ====================================================== SHIVJI BHAGAT Son of Gaya Bhagat Resident of village - Jataur, P.S. Guthni, District - Siwan.
... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-07-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner in the present case is seeking regular bail in connection with Guthni P.S. Case No. 136 of 2020 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that while rejecting the prayer for bail of the petitioner vide order dated 12.02.2021 in Cr. Misc. No. 39156 of 2020, this Court has granted liberty to the petitioner to renew his prayer for bail after
Patna High Court CR. MISC. No.30521 of 2021(2) dt.28-07-2021 2/3 completion of one year of custody in the present case or on framing of charge whichever is earlier.
Learned counsel for the petitioner submits that now the charges have been framed, therefore, he has renewed his prayer for bail. Annexure -3 has been brought on record to submit so.
Learned A.P.P. for the State has though opposed the prayer for bail of the petitioner but considering the facts and circumstances of the case, the period of custody already undergone by the petitioner since 15.09.2020 and the charges have already been framed against him, this Court directs release of the petitioner on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-2nd-cum-Special Judge, Excise, Siwan in connection with Guthni P.S. Case No. 136 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of
Patna High Court CR. MISC. No.30521 of 2021(2) dt.28-07-2021 3/3 the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
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. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rishi/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.