Sanjay Singh @ Sanjay Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28160 of 2021 Arising Out of PS. Case No.-223 Year-2020 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Sanjay Singh @ Sanjay Kumar Singh, Son of Shiv Shankar Singh @ Shio Shankar Singh, Resident of Village - Khaira (Ramnagar Bhadariya), P.S.- Khaira, Distt.- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bidhyanchal Singh, Sr. Adv.
: Mr.Ram Binod Singh, Adv.
For the Opposite Party/s :
Mr.Anand Mohan Pd. Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-09-2021 Heard the through virtual Court proceedings.
Learned senior counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code and later added Sections 411, 414, 120(b)/34 of the Indian Penal Code.
Allegation against the petitioner alongwith other accused persons is said to have snatched the two mobile phones and Rs.10,000/- from the informant on the gun point. Learned senior counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.28160 of 2021(2) dt.09-09-2021 2/3 case. He further submits that the petitioner is not named in the FIR. On the basis of confessional statement of co-accused, namely Anand Shankar, the petitioner has been made accued in this case. There is no incriminating articles has been recovered from the conscious possession of the petitioner and there is no T.I. Parade till date. The petitioner is languishing in judicial custody since 11.09.2020. The similarly situated co-accused has been granted bail by the learned court below itself. Learned APP for the State vehemently opposed the prayer for bail application and submits that the petitioner has got 05 criminal antecedents.
Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Chapra Muffasil P.S. Case No. 223/2020 to the satisfaction of learned Court below where the case is pending/ successor Court; subject to the following conditions:
(1) that one of the bailors will be a close relative of the petitioner, who will be given an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the
Patna High Court CR. MISC. No.28160 of 2021(2) dt.09-09-2021 3/3 address of the petitioner.
(2) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.
(3) that the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bond will be liable to be cancelled.
(4) that the petitioner shall co-operate 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.
(5) that the petitioner will mark his attendance in the local police station in first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond. (Anjani Kumar Sharan, J) amitkumar/- U T