Raviraj Singh @ Chhotu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53957 of 2023 Arising Out of PS. Case No.-189 Year-2023 Thana- MANJHI District- Saran ====================================================== 1.
Raviraj Singh @ Chhotu Singh Son of Devendra Singh @ Chanu Singh Resident of village - Tajpur, P.S. - Manjhi, Distt. - Saran (Chapra) 2.
Lalan Prasad @ Mukesh Sahani Son of Bhagat Sahani @ Bhagat Prasad R/o vill - Cheful, P.S. - Manjhi, Distt. - Saran (Chapra) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-08-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. Petitioners seek bail who are in custody since 20.06.2023 in connection with Manjhi P.S. Case No. 189 of 2023, F.I.R. dated 18.06.2023 for the offences punishable under Sections 461, 379 and 411 of the Indian Penal Code.
3. According to prosecution case, recovery of some stolen articles along with an Alto car has been made.
4. Learned counsel for the petitioners submit that petitioners have clean antecedent and they have falsely been implicated in the present case merely on the basis of suspicion. He further submits that from the bare perusal of the F.I.R., the
Patna High Court CR. MISC. No.53957 of 2023(2) dt.29-08-2023 2/3 petitioners were apprehended at the spot but nothing has been recovered from the conscious possession of the petitioners. He further submits that the recovery has been made from an Alto Car in question. He further submits that the police after investigation submitted the charge sheet against the petitioners. The petitioners are in custody since 20.06.2023.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances, let the petitioners, 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 the learned Judicial Magistrate - Ist Class, Chapra, District - Saran, in connection with Manjhi P.S. Case No. 189 of 2023, subject to the following conditions:- i. Petitioners 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 absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move
Patna High Court CR. MISC. No.53957 of 2023(2) dt.29-08-2023 3/3 for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. 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) Aditi U T