Satyendra Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29906 of 2021 Arising Out of PS. Case No.-345 Year-2020 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== SATYENDRA SHARMA SON OF LATE RAM DAS SHARMA Resident of Village - New Diliya, P.s.- Dehri, Dist.- Rohtas. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar, Adv.
For the Opposite Party/s :
Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-10-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Mohania P.S. Case No.345/2020, registered for the offence punishable under Sections 420, 401, 382, 379, 34 of the Indian Penal Code. The prosecution case in short is that Rs.49,500/- of the informant has been stolen by four persons after cutting the his bag with blade. It is alleged that petitioner was caught on spot. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No offence as alleged has ever taken place. He has been falsely implicated in this case. No incriminating article has been recovered from the conscious physical possession of the petitioner. The petitioner was merely
Patna High Court CR. MISC. No.29906 of 2021(3) dt.28-10-2021 2/3 a passerby at the time of occurrence, who was apprehended by people only on suspicion of being a member of the gang. The petitioner has one criminal antecedent and has been languishing in custody since 04.11.2020.
Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Kaimur at Bhabua, in connection with Mohania P.S. Case No.345 of 2020, subject to the following conditions:
(1) One of the bailors will be own close relative of the petitioner who will give on affidavit genealogy as to how he is relative to petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (2) The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused 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 the proceeding for cancellation of bail on ground of misuse. (3) The petitioner shall remain physically present in
Patna High Court CR. MISC. No.29906 of 2021(3) dt.28-10-2021 3/3 the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (5) The petitioner shall appear before the Police Station of his local area in the first week of each month till the disposal of the present case.
(Anjani Kumar Sharan, J) pallavi/- U T