Shatrudhan Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30805 of 2024 Arising Out of PS. Case No.-56 Year-2024 Thana- MINAPUR District- Muzaffarpur ====================================================== Shatrudhan Bhagat S/O Late Shivgulam Bhagat village Minapur, P.S. Minapur, District Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Preety Kunwar, Advocate For the Opposite Party/s :
Mr. Mukesh Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-07-2024 Heard Ms. Preety Kunwar, learned Counsel for the petitioner and the State.
2. The petitioner is an accused in connection with Minapur P.S. Case No. 56 of 2024 registered for the offences under sections 379 and 461 of the Indian Penal Code lodged on 11.02.2024 by the informant, Ranjeet Kumar.
3. As per the prosecution story, the informant alleged that he has a shop at Mustafaganj College Chowk and in the morning, another shopkeeper informed about the breaking of the wall. When he reached, found the valuables as also cash missing which followed the F.I.R.
4. Learned Counsel for the petitioner submits that his name has come in the confessional statement of Amarjeet and Deepak, he do not have criminal antecedent and the T.I.Parade
Patna High Court CR. MISC. No.30805 of 2024(3) dt.26-07-2024 2/3 of the articles has not been done. The last submission is that he is in custody since 13.02.2024 (as stated in paragraph-6 of the petition).
5. Learned APP for the State, on the other hand, opposes the prayer for bail submitting that his name has come in the confessional statement.
6. Taking into account the submissions put forward by the parties as also the fact that he remains in custody since 13.02.2024, do not have criminal antecedent and name has come in the confessional statement, this Court is inclined to extend him privilege of bail.
7. If however, if it is found that he do have criminal antecedent, the bail order shall become infructuous.
8. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousands only) with two sureties of like amount each to the satisfaction of the learned J.M. 1st Class (East) Muzaffarpur in connection with Minapur P.S. Case No. 56 of 2024, subject to the following conditions-: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.30805 of 2024(3) dt.26-07-2024 3/3 before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U T