Bajrangi Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59163 of 2021 Arising Out of PS. Case No.-12 Year-2021 Thana- JALE District- Darbhanga ====================================================== BAJRANGI SAH Son of Sahdeo Sah Resident of Village - Bharwara Bazar, P.S.- Singhwara, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra, Adv For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-02-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State in virtual Court proceeding. The petitioner seeks bail in connection with Jale P.S.Case No.12 of 2021 registered for the offence under Sections 307 and 393 of the Indian Penal Code and Section 27 of Arms Act.

Four miscreants are said to have tried to commit loot but on the protest, one miscreant is apprehended on whose possession one loaded desi katta with live cartridge and one knife along with one motorcycle has been recovered. Learned counsel appearing for the petitioner submits

Patna High Court CR. MISC. No.59163 of 2021(2) dt.11-02-2022 2/3 that the petitioner has falsely been implicated in the present case. He further submits that as per FIR one country made pistol and one live cartridge have been recovered from possession of the petitioner. He further submits that the police, after investigation, submitted chargesheet against the petitioner and other co-accused persons. He further submits that coaccused, namely, Ravi Kumar Sharma @ Ravi Kumar has been granted bail by this Court vide order dated 09.02.2022 in Cr. Misc. No.58669 of 2021 and the petitioner is in custody since 10.03.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries three more cases other than the present one.

Considering the facts and circumstances of the case, 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 learned Additional Chief Judicial Magistrate,Darbhanga in connection with Jale P.S.Case No.12 of 2021 with 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 as directed by the Court and

Patna High Court CR. MISC. No.59163 of 2021(2) dt.11-02-2022 3/3 on his/her absence on two consecutive dates without sufficient reason, his/her 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.

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) Nitesh/- U T