Chhotu Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58678 of 2021 Arising Out of PS. Case No.-131 Year-2021 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== CHHOTU BIND Son of Late Upendra Bind Resident of Village- Sabarabad, P.S.- Chenari, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-02-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in virtual court proceeding.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Sasaram (M) P.S. Case No. 131/ 2021 registered for the offences punishable under Section 395 of the IPC.

The FIR of the occurrence of loot is against unknown. Learned counsel for the petitioner submits that petitioner is not named in the FIR. Petitioner has clean antecedent and has committed no offence and he has falsely been implicated in the present case. He further submits that

Patna High Court CR. MISC. No.58678 of 2021(2) dt.04-02-2022 2/3 name of the petitioner has been transpired during course of investigation on the basis of confessional statement of coaccused Shambhoo Bind and Manoj Bind @ Banara. He further submits that Rs. 800/- was recovered from possession of the petitioner but no TIP has been conducted by the prosecution. He further submits that co-accused Shambhoo Bind and Manoj Bind @ Banara have been granted bail by this court vide order dated 28.01.2022 passed in Cr. Misc. No. 56837 of 2021 and order dated 28.01.2022 passed in Cr. Misc. No. 56944 of 2021 respectively. Petitioner is in custody since 01.06.2021. The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (M) P.S. Case No. 131/ 2021, subject to 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 and shall remain physically present

Patna High Court CR. MISC. No.58678 of 2021(2) dt.04-02-2022 3/3 as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled 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.

3. 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) shahzad/- U T