Sandeep Patwa@ Sanjay Yadav @ Sandip Patwa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33917 of 2020 Arising Out of PS. Case No.-242 Year-2019 Thana- RAJPUR District- Buxar ====================================================== SANDEEP PATWA @ SANJAY YADAV @ SANDIP PATWA, Male, aged about 42 years, son of Late Om Prakash Patwa, Resident of Village- Jamtoli, Police Station- Raniganj, District- Pratapgarh (U.P.) ... ... Petitioner
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumari Priyanka, Advocate For the Opposite Party/s :
Mr. M.K. Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-02-2021 Heard learned counsel for the petitioner and learned APP for the State.
In this case, the petitioner is seeking regular bail in connection with Rajpur P.S. Case No. 242 of 2018, registered for the offence under Section 392 of the Indian Penal Code. There is an allegation of commission of robbery, thereby the accused persons took away the motorcycle of the informant on the threat of life. The petitioner has been made accused in this case and he was arrested in different cases of similar nature. During the investigation, it has been found that the petitioner is very much involved in the commission of offence.
Learned counsel for the petitioner submits that no
Patna High Court CR. MISC. No.33917 of 2020(3) dt.05-02-2021 2/3 T.I. parade has been conducted by the Police, inasmuch as, no material has been recovered from the possession of the petitioner but, only on the basis of suspicion and confessional statement of co-accused, the petitioner has been made accused in this case.
It appears that a gang has been formed which engaged in committing road robbery and the petitioner is also one of the accused in Rajpur P.S. Case No. 250 of 2019 registered under Sections 392 and 411 of the I.P.C. and under Section 25(1-b)a, 26, 27 and 35 of the Arms Act. In the present case, the petitioner is in jail since 23.11.2019. Looking to the period of custody, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Rajpur P.S. Case No. 242 of 2019 subject to the condition that (i) one of the bailors shall be a close relative of the petitioner i.e. mother / father / brother / wife (ii) the petitioner would cooperate in the proceeding of the court below. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner and (iii) the
Patna High Court CR. MISC. No.33917 of 2020(3) dt.05-02-2021 3/3 petitioner shall report to Rajpur Police Station, District- Buxar (Bihar) by 7th of every month till nine months, failing which, the prosecution will be at liberty to make prayer for cancellation of bail bonds of the petitioner.
(Shivaji Pandey, J) pawan/- U T