Raviranjan Singh Bhokta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23914 of 2023 Arising Out of PS. Case No.-79 Year-2016 Thana- SHERGHATI District- Gaya ====================================================== Raviranjan Singh Bhokta Son Of Punit Singh @ Punit Singh Bhokta Resident Of Village - Tarchuan, P.S.- Chhakarbandha, District - Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Sherghati P.S. Case No. 79 of 2016 dated 23.02.2016, instituted for the offence punishable under Section 395 of the Indian Penal Code.
3. The prosecution case, in brief, is that six unknown miscreants at about 01:00 am on 21.02.2016 looted informant's truck loaded with Parle-G biscuits and left the informant at some unknown location.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he is falsely implicated in this case. It is further submitted that petitioner has not been named in the F.I.R. and his name has been transpired in this case only on the
Patna High Court CR. MISC. No.23914 of 2023(2) dt.23-05-2023 2/3 basis of confessional statement of one co-accused namely, Amarjeet Kumar @ Amarjeet Yadav. He further submitted that no incriminating materials have been recovered from the conscious possession of the petitioner and no Test Identification Parade (T.I.P.) has been conducted till date. It is further stated that seven accused persons have been granted bail on different dates by different Co-ordinate Benches of this Court, details of which are mentioned in paragraph 13 of the bail application. Lastly, it has been submitted that the petitioner is in custody since 16.01.2023 has four criminal cases against him and charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- 1st Sherghati (Gaya) in Sherghati P.S. Case No. 79 of 2016, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court
Patna High Court CR. MISC. No.23914 of 2023(2) dt.23-05-2023 3/3 and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. 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.
(Khatim Reza, J) Sankalp/- U T