Prince @ Sarfaraj @ Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21670 of 2022 Arising Out of PS. Case No.-257 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== PRINCE @ SARFARAJ @ RAJA Son of Md Ayub R/o Village - Hathsarganj, P.S.- Hajipur Town, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satya Prakash Sinha For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 14-06-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 257 of 2021 registered for the offences punishable under Section 392 of the Indian Penal Code.
As per prosecution case, it is alleged that while the informant along with her husband were going to Muzaffarpur from his house by motorcycle, two miscreants riding on motorcycle chased them and snatched her gold chain of 7 gram from her neck and during the course of snatching when the informant held the hand of miscreant, the miscreant pushed her
Patna High Court CR. MISC. No.21670 of 2022(2) dt.14-06-2022 2/3 from the bike whereupon she fell down on the road and thereafter the miscreants fled away.
Learned counsel for the petitioner submits that petitioner is in custody since 11.02.2022 and bears criminal antecedent of eleven cases in which several cases are of similar nature. He further submits that petitioner is quite innocent and has not committed any offence as alleged against him and he is simply victim of false implication due to enmity and manipulation of police. Petitioner is not named in the FIR and has been falsely implicated on mere suspicion and on the basis of confessional statement taken at para 16 of the case diary as the confessional statement has no evidentiary value in the eye of law. Nothing incriminating article has been recovered from the possession of the petitioner and he has not put on TIP. There is no iota of evidence or any material on record which shows the complicity of the petitioner in the alleged occurrence. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case as well as period of custody and also taking into consideration the material available on record, let the petitioner above named be released on bail, after framing of charge, on furnishing bail
Patna High Court CR. MISC. No.21670 of 2022(2) dt.14-06-2022 3/3 bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Sadar P.S. Case No. 257 of 2021, subject to following conditions:- (i) One of the bailor shall be either father or mother or sister or brother or wife or the person who sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) shahzad/- U T