Buchei @ Buchi @ Nitesh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33158 of 2021 Arising Out of PS. Case No.-32 Year-2020 Thana- GARKHA District- Saran ====================================================== BUCHEI @ BUCHI @ NITESH, aged about 24 years, gender- Male, SON OF CHANDILAL SINGH, R/O VILLAGE- BANGRA, P.S.- GARKHA, DISTRICT- SARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Advocate For the Opposite Party/s :
Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 08-10-2021 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 307,393 of the Indian Penal Code and Section of 27 of Arms Act.
As per allegation in the F.I.R., while the informant was returning from the bank after withdrawing a sum of Rs.2,50,000/-, three accused persons including the petitioner, on the point of pistol made an attempt to rob the informant of his money but did not succeed. On the informant raising hulla, the accused persons escaped.
It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case.
Patna High Court CR. MISC. No.33158 of 2021(2) dt.08-10-2021 2/3 There is general and omnibus allegation against petitioner. Similarly placed co-accused Akshay Sharma and another have already been granted bail by a co-ordinate Bench of this Court vide order dated 08.07.2021 passed in Cr. Misc. No.8354 of 2021. Petitioner has no criminal antecedent and he is in custody since 01.02.2021.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Garkha P.S. Case No. 32 of 2020 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of
Patna High Court CR. MISC. No.33158 of 2021(2) dt.08-10-2021 3/3 bail of the petitioner.
(S. Kumar, J) Sanjay/- U T