Dablu Singh @ Sudhanshu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53499 of 2023 Arising Out of PS. Case No.-231 Year-2021 Thana- ISUAPUR District- Saran ====================================================== DABLU SINGH @ SUDHANSHU SINGH SON OF DILIP SINGH @ DILIP KUMAR SINGH RESIDENT OF VILLAGE - BHATWALIYA, P.S.- BANIAPUR, DISTRICT - SARAN AT CHAPRA ... ... Petitioner/s
Versus
THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harsh Anuj, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-08-2023 Heard the parties.
The petitioner is in custody in connection with Isuapur P.S. Case No. 231 of 2021 for the offence under section 392 of the Indian Penal Code lodged on 30.11.2021 by the informant, Ramesh Rai.
As per the prosecution story, the informant alleged that the accused persons covering their face came to the Petrol Pump and snatched around Rs. 63,000/-. Accordingly, the FIR. Learned counsel for the petitioner submits that only because of criminal antecedent, he has been implicated in this case, has remained in custody since 02.01.2022 and no T.I. parade has been conducted.
Learned APP opposes the prayer for bail stating that
Patna High Court CR. MISC. No.53499 of 2023(2) dt.22-08-2023 2/3 he has criminal antecedent of the same nature. Though, there is force in the submission of learned APP, considering his period of custody i.e. 02.01.2022 and the fact that no T.I. parade has been conducted, this Court is inclined to extend him the privilege of bail only after framing of the charge.
Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned S.D.J.M., Chapra at Saran, in connection with Isuapur P.S. Case No. 231 of 2021 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/her 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 month for one year to mark his attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences,
Patna High Court CR. MISC. No.53499 of 2023(2) dt.22-08-2023 3/3 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) kiran/- U T