Pradip Kumar @ P.S. Smrat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20880 of 2024 Arising Out of PS. Case No.-344 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== Pradip Kumar @ P.S. Smrat Son Of Late Surendra Paswan R/O-Chhotki Chanda, P.S.-Koilwar, Distt.-Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Singh, Advocate For the Opposite Party/s :
Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Shahpur P.S. Case No. 344 of 2023 lodged on 29.7.2023 under Section 392 of the Indian Penal Code.
3. As per the prosecution case, the FIR has been lodged against two unknown accused persons with an allegation of committing robbery.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR, rather his name has figured on the basis of confessional statement of co-accused. The petitioner has been made accused in the present case at the instance of the police as the antecedent of the petitioner is not
Patna High Court CR. MISC. No.20880 of 2024(2) dt.02-04-2024 2/3 clean. He is accused in five more criminal cases and is in custody since 28.11.2023. Moreover, no incriminating article has been recovered form his possession.
5. Learned counsel for the State opposes the prayer for bail and submits that at the time of considering the prayer for bail of the petitioner, this aspect must be taken into consideration that the antecedent of the petitioner is not clean.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, but only after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of CJM, 1st Bhojpur, Ara, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
Patna High Court CR. MISC. No.20880 of 2024(2) dt.02-04-2024 3/3 (iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
7. The learned court below shall release the petitioner on bail only after framing of charge, if not framed as well as on being satisfied that the petitioner is not absconding in any of the cases as mentioned in paragraph no.3 of the petition as under :-
(1) Ara Muffasil P.S. Case No. 315 of 2023
(2) Shahpur P.S. Case No. 368 of 2023
(3) Shahpur P.S. Case No.344 of 2023
(4) Barhara P.S. Case No. 422 of 2023
(5) Udwant Nagar P.S. Case No. 290 of 2023 (Dr. Anshuman, J) Ashwini/- U T