Saldev Sada v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46817 of 2024 Arising Out of PS. Case No.-166 Year-2023 Thana- PIRI BAZAR District- Lakhisarai ====================================================== Saldev Sada Son of Dashrath Sada Resident of Vill- Choukara Mushahari, P.S.- Piri Bazar, District- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Udbhav, Advocate For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-09-2024 Heard Mr. Udbhav, learned counsel for the petitioner and Mr. Satyendra Narayan Singh, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 27.03.2024 in connection with Piri Bazar P.S. Case No. 166 of 2023, F.I.R. dated 25.11.2023 for the offences punishable under Sections 147, 148, 149, 323, 341, 452, 324, 307, 302, 504 and 506 of the Indian Penal Code.
3. According to prosecution case, all the accused persons including this petitioner armed with deadly weapons have brutally assaulted the informant and her family members due to which the family members of the informant received several injuries.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.46817 of 2024(3) dt.21-09-2024 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. He further submits that from perusal of the F.I.R it appears that although the petitioner is named in the F.I.R but there is no specific allegation against the petitioner rather there is general and omnibus allegation against 8 named and 4 to 5 unknown persons. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 27.03.2024.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Piri Bazar P.S. Case No. 166 of 2023, subject to the following conditions:- i. Petitioner 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
Patna High Court CR. MISC. No.46817 of 2024(3) dt.21-09-2024 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. 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.
iii. And further condition that 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 cancellation 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.
(Rajesh Kumar Verma, J) Vanisha/- U T