Patna High CourtCR. MISC./53066/2023bail granted

Sanjeet Rai @ Sanjeet Ray v. The State Of Bihar

2023-08-21Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53066 of 2023 Arising Out of PS. Case No.-302 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== SANJEET RAI @ SANJEET RAY SON OF RAM SWARATH RAY RESIDENT OF VILLAGE- RAMPUR CHAKALALA, PS- JANDAHA, DISTT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Roy, Advocate For the Opposite Party/s :

Mrs. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-08-2023 Heard the parties.

The petitioner is in judicial custody in connection with Tajpur P.S. Case No. 302 of 2023 for the offence punishable under Section 392 of the Indian Penal Code 31.5.2023 lodged on by the informant, Lalbabu Singh. As per the prosecution story, while he was on a move on a motorcycle along with his sister-in-law, stoped to attend nature's call, the accused came and after assaulting took away their ornaments as also mobile but when they tried to escape, the mobile got dropped on the road. Accordingly, the FIR. Learned counsel for the petitioner submits that on mere suspicion, he has been implicated for which he has already suffered by being in custody since 4.6.2023 (para-11 of the

Patna High Court CR. MISC. No.53066 of 2023(2) dt.21-08-2023 2/3 petition) but till date, no TI Parade conducted. Learned APP opposes the prayer stating that he has subsequently confessed before the police.

Considering the submission put forward by the rival parties, he has remained in custody since 4.6.2023, no TI Parade conducted and he do not have criminal antecedent, this Court is inclined to extend him the privilege of bail with conditions. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur/concerned court, Samastipur, in connection with Tajpur P.S. Case No. 302 of 2023 subject to the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his

Patna High Court CR. MISC. No.53066 of 2023(2) dt.21-08-2023 3/3 attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T