Joga Nand Safi @ Joganand Safi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53343 of 2022 Arising Out of PS. Case No.-184 Year-2019 Thana- ANDHRAMATH District- Madhubani ====================================================== Joga Nand Safi @ Joganand Safi, son of Sant Lal Safi, Resident of Village Mahithour Got, P.S.- Andhramath, District - Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ratanakar Jha, Advocate For the Opposite Party/s :
Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-12-2022 Today being Friday, matters are being taken up through virtual mode as per current procedure for hearing. Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Andhramath P.S. Case No.184 of 2019, corresponding to G.R. No.1998 of 2019, registered for the offence punishable under Sections 341, 323, 324, 307, 447, 337, 436, 504/34 of the Indian Penal Code.
There is an allegation of trying to loot wheat paddy worth Rs.50,000/- and also setting ablaze the house and thereafter assaulting the informant and others. Learned counsel for the petitioner submits that other accused persons have been allowed anticipatory bail in Cr.Misc.
Patna High Court CR. MISC. No.53343 of 2022(2) dt.23-12-2022 2/3 No.4372 of 2021. The petitioner's prayer was declined on the ground that the assault by means of 'Farsa' was attributed against the petitioner. He has thus now remained in custody since 14.06.2022, though he has no criminal antecedents. Referring to the injury report, he submits that the injury is simple in nature and caused by hard and blunt substance whereas the allegation is of assault by means of 'Farsa". Learned APP for the State has opposed the prayer for bail. It is submitted that there is specific allegation against the petitioner.
Considering the submissions highlighting various aspects, noted above, the petitioner's period of custody and also the fact that the petitioner is a man of clean antecedents and there being case and counter case between the parties arising out of the same incident, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. 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 Sub-Divisional Judicial Magistrate, Jhanjharpur, in connection with Andhramath P.S. Case No.184 of 2019, corresponding to
Patna High Court CR. MISC. No.53343 of 2022(2) dt.23-12-2022 3/3 G.R.No.1998 of 2019, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T