Michal Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45324 of 2021 Arising Out of PS. Case No.-171 Year-2020 Thana- BEERPUR District- Begusarai ====================================================== MICHAL SONI, Son of Sudhir Sah, Resident of Village and Post - Ghataho, P.S.- Ghataho and District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2, Advocate For the Opposite Party/s :

Mr.Dashrath Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-04-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioner seeks regular bail in connection with Birpur P.S. Case No. 171 of 2020 for the offence punishable under Sections 394 and 397 of the Indian Penal Code. The prosecution story, in brief, is that four accused persons committed robbery in IDBI Bank and looted cash amounting Rs. 6, 65, 570/-. The F.I.R. is against unknown. Learned counsel appearing on behalf of the petitioner submits that the petitioner is in custody since 08.01.2021. He has been implicated in this case on the basis of information given by a spy in course of investigation. Nothing has been

Patna High Court CR. MISC. No.45324 of 2021(3) dt.07-04-2022 2/3 collected against the petitioner apart from that. He further submits that no T.I.P. has been conducted till date. There is no allegation of tampering with the evidence or influencing the witnesses. He further submits that similarly situated co-accused Pankaj Kumar has already been enlarged on bail by this Court vide order dated 30.03.2022 passed in Criminal Miscellaneous No. 38950 of 2021.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the nature of allegation made against the petitioner and period of custody, without going into the merits of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-VI, Begusarai in connection with Birpur P.S. Case No. 171 of 2020, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

Patna High Court CR. MISC. No.45324 of 2021(3) dt.07-04-2022 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(5) The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically loose its force.

(6) The petitioner will make his attendance before the concerned Police Station under which his house is located every fortnight till conclusion of the trial and on any single default without any valid reasons on the part of the petitioner, his bail bonds shall be cancelled and the concerned SHO of the Police Station shall submit his monthly attendance report to the Superintendent of Police having jurisdiction (Purnendu Singh, J) manish/- U T