Sanjay Das @ Santosh Ravidas @ Agam Jee @ Pappu @ Pappu Jee @ Ajay Jee v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 34549 of 2022 Arising Out of PS. Case No.-58 Year-2010 Thana- GURUA District- Gaya ====================================================== Sanjay Das @ Santosh Ravidas @ Agam Jee @ Pappu @ Pappu Jee @ Ajay Jee Son Of Ramswaroop Das Resident of village- Sonarchak Tola, Sonari Bigha, P.S- Salaiya, District- Aurangabad (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Javed Jafar Khan, Adv.
For the Opposite Party/s :
Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-09-2022 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 through virtual mode.
The petitioner seeks regular bail in connection with Gurua P.S. Case No. 58 of 2010 lodged under Section 27of the Arms Act and Section 17 C.L.A. Act.
As per the F.I.R., the allegation of burning fire on the dumper and snatching mobile and SIM are there upon them. The informant has claimed that he can identify the criminals. Learned counsel for the petitioner submits that nothing incriminating has been recovered from the possession of the petitioner. He further submits that petitioner has not put on
2/4 T.I.P. He submits that in the present case, he was remanded on 10.07.2018. He further submits that there are in total 15 cases pending against him and he is on on bail in all cases. Learned counsel for the petitioner submits that he is ready to fulfill all the conditions whatsoever shall be imposed upon him. 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 S.D.J.M., Sherghati, District: Gaya in connection with Gurua P.S. Case No. 58 of 2010, 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
3/4 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.
With this observation, the bail application stands allowed.
Speedy trial is the constitutional vision of justice. Admittedly, there are in total 16 criminal cases (including the present one) pending against the petitioner which belong to the Gaya and Aurangabad District which are here in tabular chart: Gaya Aurangabad i) Konch P.S. Case No. 150 of i)Salaiya P.S. Case No. 33 of ii) Konch P.S. Case No. 156 of ii)Kudwan P.S. Case No. 47 of iii) Konch P.S. Case No. 132 of 2011 iii)Madanpur P.S. Case No.
192 of 2010 lodged under iv)Gurua P.S. Case No. 120 of iv)Madanpur P.S. Case No.
243 of 2010 lodged under v) Gurua P.S. Case No. 53 of v)Goh P.S. Case No. 140 of vi) Gurua P.S. Case No. 19 of vi) Madanpur P.S. Case No.
vii) Gurua P.S. Case No. 19 of vii) Navinagar P.S. Case No.
vii)Sherghati (Dobhi) P.S.
Case No. 218 of 2016
4/4 Let the District and Session Judge Gaya and Aurangabad are hereby directed to do the needful so that all the 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, the session triable cases shall run before one Session Court with one date. Let the copy of this order is communicated to the District and Session Judge Gaya and Aurangabad for perusal and necessary compliance.
(Dr. Anshuman, J.) ashishsingh/- U T