Butan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.17355 of 2020 ====================================================== Butan Singh son of Ramesh Singh, R/o village- Harpura, P.S.- Bikram, District- Patna ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Nagmani Kumar, Advocate For the Opposite Party/s :

Mr. Anant Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-07-2020 Heard learned counsel for the petitioner and Mr. Anant Kumar No. 1, learned APP for the State.

The petitioner in the present case is seeking pre-arrest bail in connection with Bikram P.S. Case No. 290 of 2017 registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code.

Learned counsel for the petitioner submits that the name of the petitioner has been involved in this case on mere suspicion, there is no eye-witness to the alleged theft and the stolen pump has been recovered from the house of the co-accused Pradeep who is a co-villager of the informant. It is submitted that so far as this petitioner is concerned, he belongs to another village but his name has been brought in this case on mere hearsay. Learned APP for the State has though opposed the prayer for pre-arrest bail of the petitioner but considering the facts and circumstances of the case particularly that the seizure of pump has

Patna High Court CR. MISC. No.17355 of 2020(4) dt.21-07-2020 2/2 been made from the house of one Pradeep Mochi who is a co-villager of the informant and so far as this petitioner is concerned, he belongs to another village as also that the petitioner has no criminal antecedent, let the petitioner above named in the event of his arrest or surrender within a period of six weeks from today in connection with Bikram P.S. Case No. 290 of 2017 be released on bail on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate IV, Danapur, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the 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; (iii) a condition that the person shall not leave India without the previous permission of the Court. This application is allowed.

(Rajeev Ranjan Prasad, J) avin/sushmaU 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'.