Sudarshan Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29253 of 2024 Arising Out of PS. Case No.-183 Year-2021 Thana- PARASBIGHA District- Jehanabad ====================================================== Sudarshan Bind Son of Shyam Nayaran Bind Resident of Village- Malahchak, Police Station- Parasbigha, Dist.- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Prasad, Advocate For the Opposite Party/s :
Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-04-2024 Heard Mr.Shailendra Prasad, learned counsel for the petitioner and Mr.Shyameshwar Dayal, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 23.02.2024 in connection with Parasbigha P.S. Case No. 183 of 2021, F.I.R. dated 12.11.2021 registered for the offence punishable under Sections 341,323,307 and 504 read with Section 34 of IPC.
3. Earlier the petitioner has been granted bail in the present FIR by this Court vide order dated 20.07.2012 passed in Cr. Misc. No. 17354 of 2022 and pursuant to the aforesaid order the petitioner was released from jail on 23.07.2022 and thereafter the prosecution has filed a petition before the learned court below pointing out the concealment of criminal antecedent
Patna High Court CR. MISC. No.29253 of 2024(2) dt.26-04-2024 2/3 of the petitioner in Parasbigha P.S.Case No.49 of 2019 and prayed for cancellation of bail bond of the petitioner and the bail bond of the petitioner was cancelled vide order dated 23.02.2024 and on the same day the petitioner has been taken into custody.
4. Learned counsel appearing for the petitioner submits that the petitioner has not intentionally concealed his criminal antecedent and due to communication gap the Pairvikar of the petitioner has not furnished correct criminal antecedent of the petitioner at the time of filing Cr. Misc. No. 17354/2022 and apart from the aforesaid the pending case was compromised by Annexure-3 and the petitioner was standing now the case is not pending against him. Petitioner is in custody since 23.02.2024.
5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one.
6. Considering the aforesaid fact, 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 learned Additional District and Sessions Judge-III, Jehanabad in connection with Parasbigha
Patna High Court CR. MISC. No.29253 of 2024(2) dt.26-04-2024 3/3 P.S. Case No. 183 of 2021,with the following conditions:- (I) 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) 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.
(III) 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) Nitesh/- U T