Jawahar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53749 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- RAJEPUR District- East Champaran ====================================================== Jawahar Prasad S/o Ramekwal Bhagat @ Ramekbal Prasad R/o VillageMohammadpur Majhauliya, P.S.- Rajepur, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar For the Opposite Party/s :
Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 13-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Rajepur P.S. Case No. 22/2024 registered for the offences punishable under Section 392 of the Indian Penal Code.
3. As per prosecution case, the informant's Rs.55,700/- alongwith mobile phone has been snatched by three miscreants and they fled away from the place of occurrence. FIR has been lodged against unknown.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case due to dirty village politics. The petitioner is not named in the FIR. The petitioner has been remanded in this case on 29.04.2024 from
Patna High Court CR. MISC. No.53749 of 2024(2) dt.13-08-2024 2/3 Rajepur P.S. Case No. 23/2024 and since then he is languishing in jail custody. The petitioner bears criminal antecedent of one case in which he is on bail. Nothing has been recovered from the conscious possession of the petitioner. He further submits that no T.I.P. has been conducted by the police till date. The petitioner is not in any way connected with the alleged occurrence. Learned counsel for the petitioner orally submits that charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.
5. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody and argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in G.R. No.305/2024 in connection with Rajepur P.S. Case No. 22/2024, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the
Patna High Court CR. MISC. No.53749 of 2024(2) dt.13-08-2024 3/3 affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.
(Alok Kumar Pandey, J) amitkumar/- U T