Krishna Shrivastava v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26431 of 2022 Arising Out of PS. Case No.-503 Year-2021 Thana- SIKARPUR District- West Champaran ====================================================== Krishna Shrivastava Son Of Late Kailash Shrivastava, R/O Village- Sukhwan Patkhauli, P.S.- Patkhauli, O.P. Bagaha, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Uday Pratap Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-08-2022 Let the defect, if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Shikarpur P. S. Case No. 503 of 2021 lodged under Sections 379 and 420/34 of the Indian Penal Code.
As per prosecution case, two unknown persons met with the informant in medicine shop and called him at block to receive amount from Nazir Babu. When he reached near over bridge, then the said accused persons snatched Rs.47000/- from the informant. On the basis of which, case has been lodged against two unknown accused persons.
Learned counsel for the petitioner submits that F.I.R.
2/4 has been filed against unknown persons. Nothing was recovered from the possession of the petitioner and no T.I.P. has taken place in this case. He further submits that petitioner is in custody since 07.02.2022 and charge sheet has already been filed in this case. On the point of his criminal antecedent, learned counsel for the petitioner submits that in all cases, petitioner is on bail and ready to fulfill all the conditions whatsoever shall be imposed upon him by the Court. Learned counsel for the State opposes the prayer for bail and submits that petitioner has criminal antecedent and total six cases are pending against him.
In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 503 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates
3/4 without sufficient cause, shall resulted into cancellation of his bail bond.
B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.
C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.
Speedy trial is the constitutional vision of justice. In the present case, there are six cases pending against the present petitioner, namely, (i) Bagaha (Patkhauli) P.S. Case No.172 of 2018, (ii) Bagaha (Patkhauli) P.S. Case No.560 of 2018, (iii) Chanpatiya P.S. Case No.03 of 2022, (iv) Valmikinagar P.S. Case No. 65 of 2018, (v) Shikarpur P.S. Case No. 05 of 2022 and (vi) Shikarpur P.S. Case No. 503 of 2021. Almost all cases are relating to different Police Station of Bettiah District. The District and Sessions Judge, Bettiah is directed to order so that all pending cases against the petitioner shall run before one Court, that is to say, all magisterial trial cases before one Magistrate with one date, all
4/4 sessions triable cases before one Sessions Judge with one date and all special court cases before the said Special Court with one date.
Let one copy of this order directed to be placed before the District and Sessions Judge, Bettiah for perusal and necessary compliance.
(Dr. Anshuman, J.) ravishankar/- U T