Sipak Sah @ Sipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26930 of 2020 Arising Out of PS. Case No.-214 Year-2018 Thana- GOPALPUR District- Bhagalpur ====================================================== SIPAK SAH @ SIPAK KUMAR, S/o Visho Sah, Resident of Village-Jahangir Baisi, P.S.-Rangra (O.P.), District-Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Adv.

: Mr.Rakesh Singh, Adv.

: Mr.Saket Kr. Singh, Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2021 Heard the parties.

The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 324, 307, 448, 380, 504, 506/34 of the Indian Penal Code.

The allegation against the petitioner alongwith other accused persons is of assaulting the informant and his family members and also took away golden ornaments and cash box of Rs.30,000/-.

Learned counsel the petitioner submits that vide order dated 31.05.2019 in Cr. Misc. No. 21746/2019 the bail application was rejected. There is direct allegation against the petitioner of causing injury on the head of the sister of the informant with axe. He further submits that a report was called

Patna High Court CR. MISC. No.26930 of 2020(4) dt.18-01-2021 2/3 from the learned court below which is enclosed at Flag 'B'. The learned court below states that the case has been committed to the Sessions Court, Bhagalpur vide order dated 20.10.2020 and whole record has already been sent to the Sessions Court.The petitioner is in custody since 21.01.2019 and has got no criminal antecedent.

Learned APP for the State opposes the prayer for bail petition.

In the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (rupees twenty five thousand) with two sureties of the like amount each in connection with Gopalpur (Rangra) P.S. Case No. 214/2018 to the satisfaction of the learned A.C.J.M.- III, Naugachia, District-Bhagalpur, subject to the following conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds

Patna High Court CR. MISC. No.26930 of 2020(4) dt.18-01-2021 3/3 shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjani Kumar Sharan, J) amitkumar/- U T