Ankit Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26909 of 2022 Arising Out of PS. Case No.-97 Year-2021 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Ankit Raj S/o- Rajendra Prasad R/o- Aadarsh Bihar Colony, Bihiya, P.S. - Bihiya, District - bhojpur (Ara).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Pradhan, Adv.

For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Buxar Industrial Area P.S. Case No. 97 of 2021 lodged under Sections 457/380 of the Indian Penal Code.

As per the prosecution case, the F.I.R. has been filed against unknown criminals with regard to looting of the house of informant when he was going to his village. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. He further submits that no any looted article or any incriminating article recovered from the possession of the petitioner. He further submits that

2/4 petitioner is in custody since 27.08.2021, chargesheet has already been filed in this case. On the point of criminal antecedent of petitioner, learned counsel for the petitioner submits that there are in total 6 criminal cases pending against the present petitioner and he is on bail in all cases except one case. Learned counsel for the petitioner further submits that petitioner is ready to fulfill all the conditions whatsoever it may be imposed upon him by the Court. Learned counsel for the petitioner further submits that one of the co-accused has already been granted bail by this Court vide order dated 12.08.2022 passed in Cr. Misc. No.24027 of 2022.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this 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 learned Chief Judicial Magistrate, Buxar in connection with Buxar Industrial Area P.S. Case No. 97 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

3/4 appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates 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, admittedly there are 7 criminal cases pending against present petitioner and out of 7 cases, 6 cases belongs to District and Session Judge, Buxar which are as follows :- (1) Buxar (Industrial) P.S. Case No. 89 of 2021, (2) Buxar (Industrial) P.S. Case No. 118 of 2021, (3) Buxar (Industrial) P.S. Case No. 90 of 2021, (4) Buxar (T) P.S. Case No. 254 of 2021, (5) Buxar (T) P.S. Case No. 249 of 2021, & (6) Buxar Industrial Area P.S. Case No. 97 of 2021.

The District and Session Judge, Buxar is directed to

4/4 do the needful so that all the cases shall run before the one Magistrate with one date.

Let a copy of this order is communicated to the District and Sessions Judge, Buxar for his perusal and necessary compliance.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T