Popo @ Stish Rawani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72151 of 2021 Arising Out of PS. Case No.-409 Year-2021 Thana- GAYA KOTWALI District- Gaya ====================================================== POPO @ STISH RAWANI Son of Dipu Rawani @ Dipu Singh Resident of Village - Ramdhanpur, P.S.- Kotwali, Distt.- Gaya. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinod Kumar, Adv.
For the Opposite Party/s :
Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 05-07-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Kotwali P.S. Case No. 409 of 2021 registered for the offences punishable under Sections 387, 354, 34 of the Indian Penal Code read with Section 3⁄4 of the Explosive Substance Act. As per prosecution case, the petitioner and other demanded Rs. 50,000/- as ransom amount from the informant. When the informant did not fulfill the demand, the accused persons fired upon the house of the informant, dropped the bombs and tried to damage the informant and his family members and threatened to kill the family members of the
Patna High Court CR. MISC. No.72151 of 2021(3) dt.05-07-2022 2/3 informant.
Learned counsel for the petitioner submits that the petitioner is innocent committed no offence and has falsely been implicated in this case due to dirty village politics. He further submits that there is no specific allegation against the petitioner and there is general and omnibus allegation against him. The petitioner is in custody since 07.09.2021 and bears no criminal antecedent. Charge-sheet has already been submitted in the case and there is no likelihood of tampering the prosecution evidence.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge-sheet has already been submitted and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya in connection with Kotwali P.S. Case No. 409 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or
Patna High Court CR. MISC. No.72151 of 2021(3) dt.05-07-2022 3/3 mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) Amitkumar/- amit U T