Siddhu @ Sidharth v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61451 of 2022 Arising Out of PS. Case No.-269 Year-2021 Thana- BAJPATTI District- Sitamarhi ====================================================== SIDDHU @ SIDHARTH, S/O Late Tarun Kumar, R/O Village- Shivai Patti, Ward No- 8, P.S- Bajpatti, District- Sitamarhi, at present residing at Krishna Nagar, Ward No-2, P.S and Dsitrict Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :
Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-02-2023 Heard learned counsel for the petitioner and learned APP for the State.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.
Petitioner seeks bail in connection with Bajpatti P.S. Case No. 269 of 2021 registered under Section 394 of the Indian Penal Code. The informant has been accosted when he was on his motorcycle. The allegation is that four persons on a motorcycle have snatched his motorcycle and belongings and also stabbed him on offering resistance.
Learned counsel for the petitioner submits that petitioner's implication in this case, like Bajpatti P.S. Case No. 277/2021 and Sursand P.S. Case No. 11/2021, is at the instance of chowkidar, who is a family member of the petitioner's wife. The petitioner was having a matrimonial dispute with his wife which form the basis of Sitamarhi P.S. Case No. 482 of 2022. The submission is that till date
Patna High Court CR. MISC. No.61451 of 2022(3) dt.02-02-2023 2/2 he has not been put on T.I. Parade. There is no recovery of any incriminating material from the petitioner and nearly 10 months after the alleged occurrence, he has been arrested from his house which shows bona fide of the petitioner. The submission is that chargesheet has been submitted and investigation is complete. Petitioner is in custody since 30.07.2022.
Considering the rival submissions, the fact that there is no T.I Parade or recovery, and period of custody, this Court is inclined to allow the petitioner's prayer for bail.
Prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Pupri at Sitamarhi in Bajpatti P.S. Case No. 269 of 2021, 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. (Madhuresh Prasad, J) SUMIT/- U T