Sandeep Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39544 of 2022 Arising Out of PS. Case No.-75 Year-2022 Thana- SATHI District- West Champaran ====================================================== Sandeep Kumar S/o Sri Gama Sah Resident of Village- Basantpur, P.S.- Sathi, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma For the Opposite Party/s :
Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 02-02-2023 Heard Ld. counsel for the petitioner and Ld. APP for the State.
The petitioner seeks bail in connection with Sathi P.S. Case No.75 of 2022, registered for the offences punishable under Sections 356/379 of the Indian Penal Code (for brevity, IPC), and 66-C and 66-D of the Information Technology Act, 2000 (For brevity, I.T. Act). The prosecution case as emerges from the FIR is that on 11.04.2022 at about 11:35 am near Semari, Nat Toli Sathi, two unknown persons came from behind, snatched his Redmi mobile and fled away. Furthermore, on 14.04.2022, the informant came to know that a sum of Rs.
2/4 20,000/- has been transferred from his account to the account of one Sandeep Kumar.
Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He also submits that the alleged offence is minor in nature. He also submits that investigation in this case is complete and charge-sheet has already been submitted. He further submits that the petitioner has been languishing in jail since 27.04.2022.
It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in one other case.
It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.
However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, abovenamed, to be released on bail on his furnishing bail bonds in
3/4 the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Additional Chief Judicial Magistrate-IV, West Champaran at Bettiah in connection with Sathi P.S. Case No.75 of 2022, after framing of charge, if not already framed on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds
4/4 of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner.
Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J) chandan/- U T