Sanjay Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42536 of 2022 Arising Out of PS. Case No.-31 Year-2020 Thana- PURNAHYA District- Sheohar ====================================================== SANJAY PATEL S/o- Maheshwar Patel Resident of village - Bashantpatti, P.S.- Purnahiya, District - Sheohar.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh For the Opposite Party/s :
Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 06-09-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Purnahiya P.S. Case No. 31/2020 registered for the offences punishable under Sections 25(1-B)a, 26 of the Arms Act.
As per prosecution case, there is alleged recovery of one country made pistol as well as one live cartridge alongwith one mobile phone from the possession of the petitioner. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to previous criminal history. Nothing has been recovered from the possession of the petitioner. The petitioner is
Patna High Court CR. MISC. No.42536 of 2022(2) dt.06-09-2022 2/3 languishing in custody since 02.03.2020 and bears criminal antecedent of 21 cases in which he is on bail. Learned counsel for the petitioner further submits that there is no compliance of Section 100 Cr.P.C. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody more than two years, charge sheet has already been submitted in this case and there is no likelihood of tampering with the prosecution evidence and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IInd, Sheohar in connection with Purnahiya P.S. Case No. 31/2020, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain
Patna High Court CR. MISC. No.42536 of 2022(2) dt.06-09-2022 3/3 present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.
(iv) Petitioner shall furnish mobile number at the time of furnishing bail bond and the said mobile number shall continue in operating condition till disposal of the case and he shall get his presence marked before the officer-in-charge of the concerned police station on the first Tuesday of every month. (v) Petitioner shall not live the territorial jurisdiction of the concerned trial court without appropriate permission of the court concerned.
(Alok Kumar Pandey, J) amitkumar/- U T