Sanjeet Kumar @ Makhan Yadav @ Makhan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 61008 of 2024 Arising Out of PS. Case No.-80 Year-2021 Thana- DINARA District- Rohtas ====================================================== Sanjeet Kumar @ Makhan Yadav @ Makhan Singh Son of Dinesh Singh @ Dinesh Yadav R/o- Rajpur, P.S.- Imadpur, District - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjay Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Dinara (Bhanas) P.S. Case No. 80 of 2021 dated 09.05.2021, lodged under Section 395 of the I.P.C.
3. As per the F.I.R., there were five unknown accused persons against whom, case has been filed under Section 395 of the I.P.C.
4. Learned counsel for the petitioner submits that in this case, the name of the petitioner has figured by virtue of the confessional statement of the co-accused from whose possession, recovery of looted battery has been made. He submits that the said co-accused has been granted bail by this Court vide order dated 15.02.2023 passed in Cr. Misc. No.
2/4 56239 of 2022. He further submits that the criminal antecedent of the said co-accused was four, whereas the criminal antecedent of the present petitioner is 13 including the present one. He further submits that no recovery has been made from the possession of the petitioner. He is in custody since 08.02.2024.
5. Learned A.P.P. for the State opposes the prayer for bail and submits that the antecedent of the petitioner is not clean, there are in total 12 criminal cases pending against him and at the time of considering bail, this aspect may be taken into consideration.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand Only) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, Rohtas at Sasaram in connection with Dinara (Bhanas) P.S. Case No. 80 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: (i) one of the bailors 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
3/4 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (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 the bail bonds.
7. It is made clear that the Trial Court shall accept the bail bond of the petitioner on being satisfied that he is not absconding in the cases pending against him, as follows:- (i) Imadpur P.S. Case No. 07 of 2019.
(ii) Imadpur P.S. Case No. 64 of 2019.
(iii) Tarari P.S. Case No. 197 of 2019.
(iv) Imadpur P.S. Case No. 94 of 2019.
(v) Imadpur P.S. Case No. 54 of 2019.
(vi) Kachhwa P.S. Case No. 21 of 2020.
(vii) Imadpur P.S. Case No. 144 of 2021.
4/4 (viii) Sikrahta P.S. Case No. 99 of 2019.
(ix) Kachhwa P.S. Case No. 22 of 2021.
(x) Nasriganj P.S. Case No. 72 of 2021.
(xi) Bikramganj P.S. Case No. 213 of 2014.
(xii) Imadpur P.S. Case No. 141 of 2021.
(Dr. Anshuman, J) sadique/- U T