Sandeep Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39868 of 2020 Arising Out of PS. Case No.-74 Year-2020 Thana- PIRO District- Bhojpur ====================================================== SANDEEP RAM Son of Sanjay Ram Resident of Village - Mangura, P.S. - Jagdishpur, District - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gopal Krishna, Adv.
For the Opposite Party/s :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-03-2021 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 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 a case registered for the offence punishable under Section 392 of the Indian Penal Code. As per the prosecution case, while the informant was returning from his shop on his bike, two unidentified criminal came from opposite side and dashed the bike of the informant and snatched his bike and other valuable items on the point of weapons.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.39868 of 2020(3) dt.17-03-2021 2/3 petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that name of the petitioner has come in this case on the basis of confessional statement of co-accused Jitendra and Alok Kumar. He submits that no incriminating article has been recovered from the possession of the petitioner and no TIP has been done as yet. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. He submits that similarly situated co-accused have been granted bail by different coordinate Benches of this Court. He further submits that petitioner is languishing in judicial custody since 12.05.2020.
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 Chief Judicial Magistrate, Bhojpur at Ara in connection with Piro P.S. Case No. 74 of 2020, subject to the 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 Court and his absence on two consecutive dates without sufficient reasons, his
Patna High Court CR. MISC. No.39868 of 2020(3) dt.17-03-2021 3/3 bail bond shall be cancelled by the court below. (III) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Anjani Kumar Sharan, J) devendra/- U T