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Patna High CourtCR. MISC./34573/2021bail granted

Sajjal Das @ Sanjay Das @ Sanjay Kumar Das v. The State Of Bihar

2022-02-15Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34573 of 2021 Arising Out of PS. Case No.-38 Year-2009 Thana- BARHAT District- Jamui ====================================================== Sajjal Das @ Sanjay Das @ Sanjay Kumar Das, S/O Durga, DAS R/o villageDighra, Gaura, P.S.- Laxmipur, District- Jamui ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pranav Kumar Jha, Advocate For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-02-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in Virtual Court proceeding.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Barhat P.S. Case No.38 of 2009, registered for the offences punishable under Sections 144, 435, 427 of the Indian Penal Code and under Section 17 of CLA Act.

According to prosecution case, the informant, SHO namely Sujata Kumari got information and reached at the place of occurrence where she found that some accused persons blown two rooms of the primary school by explosive. Thereafter, she filed the present FIR against unknown persons. Learned counsel for the petitioner submits that petitioner has clean antecedent and has committed no offence and he has falsely been implicated in the present case. He further submits the petitioner was working as a teacher from long 19 years since 2003. He further submits that nothing has

Patna High Court CR. MISC. No.34573 of 2021(4) dt.15-02-2022 2/2 been recovered from possession of the present petitioners. He further submits that after investigation police has submitted chargesheet against the petitioner. Petitioner is in custody since 19.02.2021.

The learned Additional Public Prosecutor fairly submits that there is nothing against the petitioner in the case diary. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Jamui, in connection with Barhat P.S. Case No. 38 of 2009, 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 and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. 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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) khushbu/- U T