Dharmendra Sonar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.911 of 2021 Arising Out of PS. Case No.-403 Year-2020 Thana- BUXAR District- Buxar ====================================================== DHARMENDRA SONAR S/o Sri Ram Seth @ Sri Ram Sonar, Resident of Amla Toli, Ward No. 24, P.S.- Buxar Nagar, District- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar For the Opposite Party/s :
Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-02-2021 Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Section 393 of the Indian Penal Code. Prosecution case in brief is that on 15.09.2020 accused persons have conspired in the house of Pawan Mishra to commit robbery in G.P. Jewelers, Jamuna Chowk, Buxar. In that attempt they have entered into the Jewellary shop of Guddu Pd. and tried to robbed him but due to presence of mind of one Pravin Kumar Verma, the nati of the informant they could not
Patna High Court CR. MISC. No.911 of 2021(2) dt.26-02-2021 2/3 succeed in their attempt and fled from the place of occurrence. In the meantime, while fleeing, petitioner was caught by the tiger mobile police who disclosed the name of the other associated.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner has been made accused on the confessional statement of apprehended accused person. The petitioner is named in the FIR. There is no recovery of any incriminating articles for the possession of the petitioner and there is no T.I. Parad till date. The petitioner is languishing in jail custody since 22.09.2020. Charge sheet has been submitted in this case. Learned APP for the State has opposes the prayer for bail of the petitioner.
Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Buxar (Town) P.S. Case No. 403/2020 to the satisfaction of the learned C.J.M., Buxar; subject to the following conditions:
(1) One of the bailors will be his own blood relative,
Patna High Court CR. MISC. No.911 of 2021(2) dt.26-02-2021 3/3 preferably, father, mother brother, sister and/or his wife.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
(3) 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.
(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself 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) amitkumar/- U T