Hariom Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28023 of 2023 Arising Out of PS. Case No.-28 Year-2023 Thana- MADHAURAH District- Saran ====================================================== Hariom Singh Son of Jaynath Singh Resident of village-Tenua, P.S.- Marhowrah (Gaura O.P.), District-Saran at Chapra ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :
Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.
3. Petitioner seeks bail who is in custody since 03.02.2023 in connection with Marhowrah P.S. Case No. 28 of 2023, F.I.R. dated 19.01.2023 for the offences punishable under Section 392 of the Indian Penal Code.
4. According to prosecution case, four criminals intercepted the informant and started assaulting him with fist and slaps and snatched his bag containing Rs. 1,50,000/- cash, cheque book and one laptop and fled away.
5. Learned counsel for the petitioner submits that
2/4 petitioner is innocent and he has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R and the name of the petitioner has been transpired during investigation on the basis of the secret information received from the proseuction. Thereafter, the statement of the petitioner was recorded in which the he has confessed his guilt in the present occurrence. He further submits that altogether Rs. 8,560/- has been recovered from the possession of the petitioner. He further submits that the recovered amount is not the looted amount and the same is the personal amount of the petitioner and the except this amount, no other incriminating or looted article have been recovered from the possession or the house of the petitioner. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 03.02.2023.
6. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries two criminal antecedents other than the present one but fairly submits on the basis of paragraph 3 of the bail petition that the petitioner is on bail in one case.
7. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing
3/4 bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Marhowrah P.S. Case No. 28 of 2023, subject to the following conditions:-
1. 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. 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.
3. 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
4/4 shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T