Satendra Singh Bhokta @ Satyendra Singh Bhokta @ Satendra Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67004 of 2019 Arising Out of PS. Case No.-3 Year-2018 Thana- CHAKARANDHA P.S. District- Gaya ====================================================== Satendra Singh Bhokta @ Satyendra Singh Bhokta @ Satendra Manjhi Son of Shivnandan Singh Bhokta Resident of Village - Kachanar, P.S.- Dumariya, Dist.- Gaya.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.S. Jamil Akhtar, Advocate For the Opposite Party/s :
Mr.Abhay Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-12-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner in the present case is seeking regular bail in connection with Chakkarbandha P.S. Case No. 03 of 2018 registered for the offences punishable under Sections 147, 148, 149, 307, 353 of the Indian Penal Code, Sections 25(1-b)a, 26, 27 of the Arms Act and Section 17 of the C.L.A. Act. Learned counsel for the petitioner submits that the petitioner was not caught on the spot and nothing has been recovered from his possession. Learned counsel further submits that there is no specific allegation against the petitioner rather it is said in F.I.R. itself that his name came only on calling the name by the accused persons while they were fleeing. The
Patna High Court CR. MISC. No.67004 of 2019(3) dt.16-12-2019 2/3 petitioner is in custody since 15.06.2019.
Learned A.P.P. for the State has opposed the prayer for bail.
Considering the facts and circumstances of the case, wherein it is the submission of learned counsel for the petitioner that save and except that the informant has got the name of this petitioner in this case saying that while the Nexalite were fleeing away they were taking several names and one of the names that was this petitioner but save and except that there is no material against the petitioner and learned A.P.P. for the State has not controverted the submission of learned counsel for the petitioner and no other material has been brought to the notice of this Court, the petitioner being in custody since 15.06.2019, investigation against him is complete, let the petitioner above named be released on bail in connection with Chakarbandha P.S. Case No. 03 of 2018 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sherghati, Gaya, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter,
Patna High Court CR. MISC. No.67004 of 2019(3) dt.16-12-2019 3/3 (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
And further condition that one of the bailors being family members of the petitioner having no criminal antecedent and the petitioner shall cooperate in course of trial by putting his appearance on each and every date and two consecutive defaults in attending the court would invite cancellation of his bail. (Rajeev Ranjan Prasad, J) vats/ved U T