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Patna High CourtCR. MISC./21229/2019bail granted

Satyendra Kumar Singh v. The State Of Bihar

2019-04-04Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21229 of 2019 Arising Out of PS. Case No.-231 Year-2018 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Satyendra Kumar Singh, aged about 56 years (Male), Son of Shahjada Singh Resident of Village - Kauri Ram, P.S.- Mohania, Distt.- Kaimur at Bhabhua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agrwal, Sr. Advocate Mr.Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr.Arbind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-04-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 384/34 of the Indian Penal Code. Informant is a Police Officer who has instituted this case on the basis of viral audio message on his personal mobile in which some of the police personnel who were on patrolling duty were heard of demanding bribery from five truck owner laden with sand.

It has been submitted on behalf of the petitioner that he was on official duty and had stopped truck only to check whether the sand was overladen or not and, thereafter, permitted the trucks to move. The allegation of accepting the bribe for releasing the vehicle is not correct and no such complaint has

Patna High Court CR. MISC. No.21229 of 2019(2) dt.04-04-2019 2/3 been made by the victims against the petitioner or other police personnel. The voice made viral has also not been established as genuine rather it is doctored. Petitioner has no criminal antecedent and he is in custody since 18.02.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Ramgarh P.S. Case No.231 of 2018, 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

Patna High Court CR. MISC. No.21229 of 2019(2) dt.04-04-2019 3/3 case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T