Sargun Das @ Sujeet Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.942 of 2021 Arising Out of PS. Case No.-273 Year-2019 Thana- RAJAON District- Banka ====================================================== Sargun Das @ Sujeet Das Son of Ashok Das Resident of Village - Kathchatar, P.S.- Rajoun, District - Banka.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Nandad Prasad, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of normal functioning of the 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 a case registered for the offence punishable under Section 392 of the Indian Penal Code. Allegation upon the petitioner and other accused persons is of looting two lacs rupees, some documents and ATM card from the informant.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that nothing has been recovered from the

Patna High Court CR. MISC. No.942 of 2021(2) dt.01-03-2021 2/3 conscious possession of the petitioner. He submits that similarly situated co-accused has been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 64880 of 2019 on 04.03.2020. He further submits that petitioner is languishing in judicial custody since 14.08.2019.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Banka in connection with Rajoun P.S. Case No. 273 of 2019, subject to the conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (II) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (III) The petitioner shall remain physically present in 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.

(IV) The petitioner shall co-operate with the investigation, if not already concluded and make himself

Patna High Court CR. MISC. No.942 of 2021(2) dt.01-03-2021 3/3 available as 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) devendra/- U T