Sri Sant Kumar Singh @ Raja @ Sri Sant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47884 of 2024 Arising Out of PS. Case No.-153 Year-2024 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Sri Sant Kumar Singh @ Raja @ Sri Sant Kumar Son of Yugal Kishor Singh Village- Sobaiya, P.S.- Keshariya, Distt.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Shekhar Anand, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-09-2024 Heard Mr. Chandra Shekhar Anand, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 31.03.2024 in connection with Sahebganj P.S. Case No. 153 of 2024, F.I.R. dated 30.03.2024 for the offences punishable under Sections 364, 365 and 34 of the Indian Penal Code.
3. According to prosecution case, all the accused persons have kidnapped the son of the informant for ransom.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis
Patna High Court CR. MISC. No.47884 of 2024(3) dt.21-09-2024 2/3 of the confessional statement of the co-accused, namely, Adarsh Kumar @ Shivam and Bhola Kumar and apart from that no cogent material has come during investigation to suggest the involvement of the petitioners in the present occurrence. He further submits that the statement of the son of the informant was recorded under Section 164 of the Cr.P.C. in which he has not stated the name of the petitioner. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 31.03.2024.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances that the petitioner has clean antecedent and son of the informant has not stated anything against the petitioner in his statement recorded under Section 164 of the Cr.P.C., let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Court No. 4, Muzaffarpur (West) in connection with Sahebganj P.S. Case No. 153 of 2024, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.47884 of 2024(3) dt.21-09-2024 3/3 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T