Raju Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36573 of 2022 Arising Out of PS. Case No.-233 Year-2021 Thana- EKMA District- Saran ====================================================== Raju Prasad, Son Of Late Ashok Prasad, R/O Village- Ekma Purani Chatti, P.S.- Ekma, 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. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-09-2022 Heard learned counsel for the petitioner and the learned APP for the State.
Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Ekma P.S. Case No.233 of 2021 instituted under Section 394 of the IPC.
The short FIR alleges that when the informant was returning home three unknown persons attacked him with knife and snatched his mobile phone. Further he called his family members and then reached to Ekma for treatment. Learned counsel for the petitioner submits that due to his implication in other cases, the moment a case is lodged, he is being named as accused person. The further submission is that he is in custody since 06.01.2022, but no
Patna High Court CR. MISC. No.36573 of 2022(2) dt.19-09-2022 2/3 T.I. Parade has been done.
Learned APP on the other hand submits that they have fifteen criminal cases under his belt from the same police station.
Taking into account the aforesaid fact that he is custody since 06.01.2022, charge-sheet stands submitted, this Court is inclined to grant him privilege of bail after framing of charge in view of the fact that he is criminal antecedents.
Let the petitioner be released on bail after framing of charge on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Ekma P.S. Case No.233 of 2021 to the satisfaction of learned Additional Chief Judicial Magistrate, Ist, Saran at Chapra, subject to following conditions: (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail by the Trial court itself;
Patna High Court CR. MISC. No.36573 of 2022(2) dt.19-09-2022 3/3 (iii) the petitioner shall appear before the concerned police station every fifteen days till conclusion of the Trial to mark his presence;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.
The Superintendent of Police, Saran, Chapra is directed to look into the matter and take remedial steps considering the fact that the petitioner has fifteen criminal cases under his belt.
(Rajiv Roy, J) Prakash Narayan /- U T