Sateyndra Ram @ Satyendra Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53630 of 2021 Arising Out of PS. Case No.-25 Year-2020 Thana- GHORASAHAN District- East Champaran ====================================================== SATEYNDRA RAM @ SATYENDRA RAM SON OF KAMESHWAR RAM @ KESHWAR RAM R/O VILLAGE- THIKAHA BANKAT, P.S.- PAKRIDAYAL, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-01-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Ghorasahan P.S. Case No. 25 of 2020 registered for the offence under Sections 420, 120B and 392 of the Indian Penal Code. According to the prosecution, the vehicle of the informant is said to have been looted on the point of gun. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. In fact, the petitioner has not been named in the F.I.R and merely on the basis of confessional statement of the co-
Patna High Court CR. MISC. No.53630 of 2021(2) dt.10-01-2022 2/3 accused, namely, Abhishek Kumar, this petitioner has been apprehended in this case. Save and except the confessional statement of the co-accused, no cogent material has come during course of investigation against the petitioner. Neither anything incriminating has been recovered from the house or conscious possession of the petitioner nor he has been put on T.I.P. till date. Moreover, co-accused, namely, Ram Vishwash Rai @ Ram Vishwash Yadav and Subodh Kumar have already been granted bail by a co-ordinate Bench of this Court vide order dated 13.10.2020 and 01.07.2021 passed in Cr. Misc. No. 25877 of 2020 and Cr. Misc. No. 13912 of 2021, respectively. The petitioner is rotting in judicial custody since 21.10.2020. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries three more cases other than the present one.
Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned A.C.J.M.-III, Sikrahana at Dhaka, East Champaran in connection with Ghorasahan P.S. Case No. 25 of 2020 with the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court
Patna High Court CR. MISC. No.53630 of 2021(2) dt.10-01-2022 3/3 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.
(2) 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.
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) braj/- U T