Anand Mohan@ Anandi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2471 of 2021 Arising Out of PS. Case No.-341 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== ANAND MOHAN@ ANANDI SON OF RAGHUNATH SINGH RESIDENT OF VILLAGE- BHARTHIPUR, SARAIYA, P.S.- SAKARA, DISTRICTMUZAFFARPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Mr.Shambhoo Kumar Suman For the Opposite Party/s :
Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-03-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in connection with Sakara P.S. Case No.341/2020, corresponding to G.R. No.3065/2020 registered for the offence punishable under Section 392 of the Indian Penal Code.
As per the prosecution case, three unknown accused armed with pistol came to his shop and on gun point looted
Patna High Court CR. MISC. No.2471 of 2021(2) dt.15-03-2021 2/3 money from the informant and the customers present in the shop. With these allegations the FIR was lodged against unknown persons.
It is submitted by learned counsel for the petitioner that petitioner is innocent and has not committed any offence as alleged in the FIR and has been falsely implicated in this case due to previous enmity and dirty village politics. FIR was lodged against unknown persons and the name of the petitioner transpired on the basis of confessional statement of one Kunal Kumar before the police who has cherished personal annoyance and grudge against the petitioner's family. He submits that the co-accused Kunal Kumar has already been granted bail by this Hon'ble Court vide Cr.Misc. No.35883 of 2020 on 22.01.2021. He submits that there is no recovery from the conscious physical possession of the petitioner. The petitioner has one criminal antecedent created by police and has been languishing in custody since 25.07.2020.
Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.2471 of 2021(2) dt.15-03-2021 3/3 court below in connection with Sakara P.S. Case No.341/2020, corresponding to G.R. No.3065/2020, subject to the following conditions:
(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (3) The petitioner shall remain physically present in the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) pallavi/- U T