Veer Bahadur Sastri @ Veer Bahadur Shastri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.17887 of 2020 Arising Out of PS. Case No.-124 Year-2019 Thana- JANDAHA District- Vaishali ====================================================== VEER BAHADUR SASTRI @ VEER BAHADUR SHASTRI S/o Late Yadu Sah R/o village- Godhiya Bahadurpur, P.S.- Garaul, District- Vaishali ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Prasad Singh, Advocate For the Opposite Party/s :
Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 05-06-2020 This application has been placed for consideration by the order of the Hon'ble the Chief Justice through virtual court proceeding.
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner in the present case is seeking regular bail in connection with Jandaha P.S. Case No. 124 of 2019 registered for the offences punishable under Section 13(i)(a)(b) of the U.A.P. Act and under Sections 25(1-b)a, 26, 35 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has transpired in the
Patna High Court CR. MISC. No.17887 of 2020(2) dt.05-06-2020 2/3 confessional statement of the co-accused only and nothing incriminating has been recovered from the possession of the petitioner. The petitioner is in jail custody since 14.12.2019. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
Considering the submission of learned counsel for the petitioner the name of the petitioner has transpired in the confessional statement of the co-accused only, the petitioner was not arrested on spot and nothing has been recovered from his possession as also that the petitioner has no criminal antecedent, he has remained in custody since 14.12.2019, investigation against him is complete and the co-accused Sonu Sahni and Rohit Sahni have been granted regular bail by learned Coordinate Benches of this Court in Cri. Misc. Case No. 54966 of 2019 and Cri. Misc. Case No. 59033 of 2019 itself, let the petitioner above named be released on bail on furnishing of bail bonds o of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Hajipur, Vaishali in connection with Jandaha P.S. Case No. 124 of 2019 , subject to the conditions as laid down under Section 437(3) of the Cr.P.C. as under:
(a) that such person shall attend in accordance with
Patna High Court CR. MISC. No.17887 of 2020(2) dt.05-06-2020 3/3 the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, oft he commission of which he is suspected, and (c) that such 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 or tamper with the evidence.
And further condition that he will abide by and observe the guidelines and directives of the Government of India and the State Government with regard to COVID-19 Pandemic during the lockdown period. The authorities concerned shall take appropriate steps to ensure such observance prior to and after release of the petitioner. The application is allowed.
(Rajeev Ranjan Prasad, J) SUSHMA2/Arvind U 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'.