Manraj Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25371 of 2022 Arising Out of PS. Case No.-417 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== MANRAJ SAH Son of Mewalal Sah Resident of Village - Garabhua, Lala Tola, P.s.- Sirisiya O.P., Distt.- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :
Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-08-2022 Heard Mr. Sanjeev Kumar, learned counsel for the petitioner and learned APP for the State.
Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Bettiah Town (Kalibagh O.P.) P.S. Case No.417 of 2021 instituted under Section 397 of the IPC.
As per the FIR, the informant parked his Honda Levo Motorcycle in front of his work place and when he came out in the evening, found the same missing and accordingly FIR was lodged against unknown.
Learned counsel for the petitioner submits that on 06.11.2021, the petitioner was arrested in connection with Chanpatiya P.S. Case No.372 of 2021 pursuant to some recovery of motorcycle parts from his possession and without verifying
Patna High Court CR. MISC. No.25371 of 2022(2) dt.10-08-2022 2/3 whether it belongs to the same motorcycle which the informant has alleged to be stolen, he has been remanded in this case also on 10.02.2022.
Considering the aforesaid submissions made by the petitioner as also that the charge-sheet stands submitted and he has been taken into judicial custody/remand in this case on 10.02.2022 (as stated in para-9 of the bail application), this Court is inclined to grant him privilege of bail. However, in view of the fact that he has criminal antecedent strict conditions are necessary to be imposed.
Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Bettiah Town (Kalibagh O.P.) P.S. Case No.417 of 2021 to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, subject to following conditions:
(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of his
Patna High Court CR. MISC. No.25371 of 2022(2) dt.10-08-2022 3/3 bail by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every month for next one year to mark his presence;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to steps for cancellation of his bail bonds.
With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Prakash Narayan /- U T