Hiralal Sah @ Bahiru v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36991 of 2022 Arising Out of PS. Case No.-196 Year-2021 Thana- CHAUTHAM District- Khagaria ====================================================== HIRALAL SAH @ BAHIRU Son of Chandra Shekhar Sah Resident of Village- Maniya Gachhi, P.S.- Uda- Kishunganj, District- Madhepura (Bihar) ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anant Kumar 1, Advocate For the Opposite Party/s :
Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-09-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing in view of the COVID 19.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is an accused in connection with Chautham P.S. Case No. 196 of 2021 arising out of S.T. No. 104 of 2022 under Sections 395 and 412 of the Indian Penal Code. As per the FIR, the informant has alleged that when he was sleeping in his house and marriage preparation was going on, accused persons jumped the boundary wall, entered his house and on the point of pistol snatched jewelleries as also cash of Rs. 3,50,000/-. They left but not without threatening that in case of 'hulla', they will be killed.
Patna High Court CR. MISC. No.36991 of 2022(2) dt.16-09-2022 2/3 Learned counsel for the petitioner submits that he has not been named in the FIR. His name has cropped in the confessional statement of Sanjay Singh. It is his further submission is that despite the fact that he is in custody since 27.02.2022, no T.I. Parade has been done.
Taking into account the fact that he is in custody since 27.02.2022, charge sheet stands submitted and no T.I. Parade has been done, this Court is inclined to grant him privilege of bail only after framing of the charges (in view of the fact that he has criminal antecedent).
Let the petitioner be released on bail after framing of charges on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge, Khagaria in connection with Chautham P.S. Case No. 196 of 2021 arising out of S.T. No. 104 of 2022, subject to the 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 reasons will entail his cancellation of
Patna High Court CR. MISC. No.36991 of 2022(2) dt.16-09-2022 3/3 bail by the Trial Court itself;
(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence; (iv) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, 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 his bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Jagdish/NehaU T