Santosh Sahu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47613 of 2024 Arising Out of PS. Case No.-62 Year-2024 Thana- BIRAUL District- Darbhanga ====================================================== 1.
Santosh Sahu son of Ram Lakhan Sahu Village-Bhawanipur Police StationBiraul District-Darbhanga 2.
Satish Kumar @ Satish Sahu son of Ram Chandra Sahu @ Chandra Sahu Village-Bhawanipur Police Station-Biraul District-Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Prasad, Advocate For the Opposite Party/s :
Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-08-2024 Heard Mr. Ashok Kumar Prasad, learned counsel for the petitioners as well as Md. Fahimuddin, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Biraul P.S. Case No. 62 of 2024, F.I.R. dated 13.02.2024 for the offences punishable under Sections 341, 323, 324, 354(B), 353, 307, 504, 506/34 of the Indian Penal Code.
3. According to prosecution case, all the accused persons including these petitioners have raised objection on the arrest of one accused, namely, Pappu Mandal and they have assaulted the police personnel and also tried to snatch service pistol of the SI.
Patna High Court CR. MISC. No.47613 of 2024(2) dt.07-08-2024 2/3
4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. He further submits that it appears from the F.I.R that there is no specific allegation of assault or overt act attributed against these petitioners rather there is general and omnibus allegation against all the accused persons including these petitioners. He further submits that the name of these petitioners has been transpired on the basis of the disclosure made by the local chowkidar.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts that there is no accusation of any assault or overt act against these petitioners, name of the petitioners has been transpired on the basis of the disclosure made by the local chowkidar and the petitioners have clean antecedent, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Biraul, Darbhanga in connection with Biraul P.S. Case No. 62 of
Patna High Court CR. MISC. No.47613 of 2024(2) dt.07-08-2024 3/3 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners 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 petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. 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