Satyendra Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41495 of 2023 Arising Out of PS. Case No.-149 Year-2022 Thana- AKHODHIGOLA District- Rohtas ====================================================== SATYENDRA KUMAR SINGH SON OF LATE RAM NARESH SINGH RESIDENT OF VILLAGE- BHAWANI BIGHA, GANSADIH, PSSASARAM (M), DISTT- ROHTAS ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwari, Advocate For the Opposite Party/s :
Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is an accused in connection with S.Tr. No. 194 of 2023 (arising out of Akodhi Gola P.S. Case No. 149 of 2022) registered for the offences under section 395 of the Indian Penal Code lodged on 20.10.2022 by the informant, Narendra Kumar.
As per the prosecution story, the allegation is that the miscreants took away three tractors and other materials from the site. Accordingly, the FIR.
Learned Counsel for the petitioner submits that he had no role to play in the matter and his name came in the confessional statement of Harendra Kumar who has since been
Patna High Court CR. MISC. No.41495 of 2023(2) dt.21-07-2023 2/3 granted bail vide Cr. Misc. No. 13978 of 2023 on 10.05.2023 (Annexure 2 to the petition).
The last submission is that he is in custody since 19.11.2022 (as stated in paragraph 10 of the bail application). Learned APP for the State, on the other hand, opposes the prayer for bail.
Considering the fact that the FIR is against unknown, his name has come in the confessional statement of Harendra Kumar who has since been released on bail, this Court is inclined to extend him privilege of bail.
Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of the learned 8th Additional Sessions Judge, Rohtas at Sasaram in connection with S.Tr. No. 194 of 2023 (arising out of Akodhi Gola P.S. Case No. 149 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 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
Patna High Court CR. MISC. No.41495 of 2023(2) dt.21-07-2023 3/3 bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every month for next one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, 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 the bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Neha/- U T