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Patna High CourtCR. MISC./61504/2021bail granted

Srikant Raj @ Shreekant Raj @ Bittu Kumar v. The State Of Bihar

2022-02-25Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61504 of 2021 Arising Out of PS. Case No.-182 Year-2021 Thana- CHANDAUTI District- Gaya ====================================================== SRIKANT RAJ @ SHREEKANT RAJ @ BITTU KUMAR S/o Jitendra Kumar Singh R/o Village and Post- Bhoremirganj, P.S.- Muffasil, DistrictGaya, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-02-2022 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 through video conferencing. . The petitioner seeks bail in connection with Chandauti P.S. Case No. 182 of 2021 registered for the offence under Sections 395 and 397 of the Indian Penal Code.

The petitioner along with others are said to have assaulted the informant and snatched his cash along with mobiles.

Learned counsel appearing for the petitioner

Patna High Court CR. MISC. No.61504 of 2021(2) dt.25-02-2022 2/3 submits that the petitioner is innocent and has falsely been implicated in this case. In fact, nothing has been recovered from the conscious possession of the petitioner rather the alleged recovery has been made from the possesion of one Sahwag Kumar on whose statement, this petitioner has been made accused in this case. The police has submitted chargesheet in this case against the petitioner. The petitioner is rotting in judicial custody since 01.08.2021 Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 C.J.M., Gaya in connection with Chandauti P.S. Case No. 182 of 2021, G.R. No. 3426 of 2021with 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled

Patna High Court CR. MISC. No.61504 of 2021(2) dt.25-02-2022 3/3 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) brajesh/- U T