Sushil Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52720 of 2021 Arising Out of PS. Case No.-274 Year-2021 Thana- BUXAR District- Buxar ====================================================== Sushil Pandey S/O Mudrika Pandey R/O Vir Kunwar Singh Colony, Buxar, Post Office-Buxar, Police Station-Buxar Town, District-Buxar. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Parijat Saurav, Adv For the Opposite Party/s :
Mr. Anita Kumari,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-08-2022 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State Petitioner seeks bail in a case registered in connection with Buxar Town P.S.Case No. 274 of 2021 for the offences punishable under Sections 392 of the Indian Penal Code.
As per the prosecution case, it is alleged that on 17.06.2021 at 9.30 pm, when the informant reached near his shop after collecting Rs. 4 lac from different places, in the meantime three unknown persons entered into his shop and on the point of pistol snatched Rs. 4 lac from the informant and further the miscreants also looted Rs 2 lac cash from his drawer and other valuables from the shop . It is also alleged
2/4 that all the three miscreants had covered their faces due to which he could not recognized them. The informant suspected the hands of the petitioner in the present crime. Learned counsel for the petitioner submits that save and except the suspicion raised by the informant, there is no other material. It is further submitted that neither any incriminating material has been recovered from his possession nor there is any circumstantial evidence discloses the complicity of the petitioner in the present crime. It is next submitted that police forcibly obtained signature on the blank paper, which later on converted into confessional statement of the petitioner. It is lastly submitted that this petitioner is in custody since 20.06.2021 and moreover, investigation of the crime is already completed and the charge sheet has been submitted.
On the other hand, learned counsel for the State vehemently opposed the bail application and submits that during the course of investigation co-accused persons were apprehended and they disclosed the name of the petitioner as a liner and he is also found involved in one another case.
3/4 and taking into consideration the fact that save and except the suspicion and the disclosure made by other co-accused persons, there is no material suggesting the complicity of the petitioner in the present crime and he is in custody since 20.06.2021, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar Town P.S.Case No. 274 of 2021 subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
4/4 (v) 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 cancelling 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.
(Harish Kumar, J) N.K/- U T