Patna High CourtCR. MISC./30226/2022bail granted

Sikram Kumar @ Sikram Sahni v. The State Of Bihar

2022-09-16Mr. Justice Dr. Anshuman4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30226 of 2022 Arising Out of PS. Case No.-292 Year-2019 Thana- KATRA District- Muzaffarpur ====================================================== Sikram Kumar @ Sikram Sahni Son of Kapal Sahni, Resident of village - Kharkha Vasant, P.S.- Jale, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-09-2022 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 Katra P.S. Case No. 292 of 2019, lodged under Section 392 of the Indian Penal Code.

As per the prosecution case, the allegation of robbery of Rs.1,90,000/- and other documents relating to C.S.P. Centre against 4 unknown persons are there in the F.I.R. Learned counsel for the petitioner submits that nothing incriminating was recovered against the petitioner and no TIP has taken place. He further submits that the petitioner is in custody since 09.06.2021. On the point of criminal

2/4 antecedent, learned counsel for the petitioner submits that there are 7 criminal cases pending against the present petitioner and petitioner is 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.

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 Judicial Magistrate, 1st Class, East Muzaffarpur in connection with Katra P.S. Case No. 292 of 2019, 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 without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

3/4 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 8 criminal cases pending against the present petitioner including the present one and all belongs to District Muzaffarpur. The details of all those cases are as follows :-

1. Ahiyapur P.S. Case No. 713/2020 for offence U/s 414, 412 of IPC and 20/22 of NDPS Act.

2. Aurai P.S. Case No. 191/2020 for offence U/s 399, 402 of IPC and 8, 20, 22, 24 of NDPS Act.

3. Aurai P.S. Case No. 192/2020 for offence U/s 25(1b)a, 26 of Arms Act.

4. Aurai P.S. Case No. 101/2020 for offence U/s 392 of IPC.

5. Aurai P.S. Case No. 206/2019 for offence U/s 392 of IPC.

6. Ahiyapur P.S. Case No. 692/2020 for offence U/s 395 of IPC.

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7. Aurai P.S. Case No. 39/2021 for offence U/s 392 of IPC.

8. Katra P.S. Case No. 292/2019 for offence U/s 392 of IPC. (present one) The District and Sessions Judge, Muzaffarpur is directed to do the needful so that all magisterial triable cases and sessions triable cases prior to commitment shall run before one Magistrate with one date and all sessions triable cases after commitment shall run before one Sessions Judge with one date. Let a copy of this order is communicated to District and Sessions Judge, Muzaffarpur for information and necessary compliance.

With this observation, the bail application stands allowed.

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