Patna High CourtCR. MISC./23260/2024bail granted

Anil Saw v. The State Of Bihar

2024-03-20Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23260 of 2024 Arising Out of PS. Case No.-347 Year-2023 Thana- SAHPUR District- Patna ====================================================== Anil Saw S/O Late Raja Sao R/O Itari Bazar (Futani Bazar), Ganghara, P.SShahpur, Distt.- Patna. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Shahpur P.S. Case No.347 of 2023, lodged on 20.05.2023, under Section 307/302/34 of the Indian Penal Code and Section 25(9) of the Arms Act.

3. As per the prosecution, FIR has been lodged against two named accused persons including the present petitioner.

4. Learned counsel for the petitioner submits that the present petitioner is the order giver and the person who has fired has been granted bail by this Court. The petitioner is in custody since 28.08.2023 having no criminal antecedent.

5. Learned counsel for the State opposes the prayer for bail.

Patna High Court CR. MISC. No.23260 of 2024(2) dt.20-03-2024 2/3

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail only after framing of the 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 Ms. Kanchan Prabha, learned Judicial Magistrate, 1st Class, Danapur, Patna, in connection with Shahpur P.S. Case No.347 of 2023, 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;

(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

Patna High Court CR. MISC. No.23260 of 2024(2) dt.20-03-2024 3/3 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. (Dr. Anshuman, J) Mkr./- U T