Shekhar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55730 of 2021 Arising Out of PS. Case No.-145 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Shekhar Ray S/O Kedar Ray R/O Village- Dighi Khurd, P.S.- Hajipur Sadar, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ansul, Advocate For the Opposite Party/s :
Mr.Dilip Kumar ,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 06-09-2022 Let the defects, if any, be removed within four weeks from today.
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered in connection with Hajipur Sadar P.S.Case No. 145 of 2020 for the offences punishable under Sections 412,414 of the Indian Penal Code.
It is alleged that white colour marshal and bullet motorcycle have been recovered from the premises of the petitioner, which are said to have been looted article. Learned counsel for the petitioner submits that the alleged recovery has been made from the joint
2/4 residential home where several person reside and the petitioner cannot be made responsible for the same. It is next submitted that the name of the petitioner has been implicated only on account of his past criminal antecedent. It is also submitted that with regard to theft of the vehicles no FIR has been lodged nor any person came forward to claim the vehicles, in question. So far as petitioner is concerned, he has been remanded in this case on 09.02.2021 and since then he is in custody .
On the other hand, learned counsel for the State opposed the bail application of the petitioner and submits that petitioner has found involved in four another cases. Regard being had to the period of incarceration and also the fact that recovery has been made from the joint residential house of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S.Case No. 145 of 2020 subject to the condition that one of the bailors will be the close relatives
3/4 of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(v) The Court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed his criminal antecedent, the court below shall take step for cancelling of bail bond of the petitioners. 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. (Harish Kumar, J) N.K/- U T
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