Tripurari Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.900 of 2022 Arising Out of PS. Case No.-130 Year-2021 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== 1.
Tripurari Singh Son of Chandrasekhar Singh Resident of Village- Chhema, P.S.- Seikhopur Sarai, District- Seikhpura.
2.
Murari Singh Son of Chandrasekhar Singh Resident of Village- Chhema, P.S.- Seikhopur Sarai, District- Seikhpura.
3.
Neeraj Kumar @ Neeraj Singh Son of Jahindra Singh Resident of VillageBegba, Police Station- Chandradeep, District- Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tej Narayan Singh For the Opposite Party/s :
Mr. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 10-01-2023 Heard Ld. counsel for the petitioners and Ld. APP for the State.
The petitioners seek bail in connection with Sheikhopur Sarai P.S. Case No. 130 of 2021, registered for the offences punishable under Sections 419, 420, 467, 468, 471, 120(B)/34 of the Indian Penal Code.
The prosecution story as emerges from the FIR is that on a secret information that accused persons Tripurari Singh, Murari Singh and Niraj Singh were committing Cyber Crime and liquor party was also organized in the house of
2/4 the accused.
Ld. counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. He further submits that nothing incriminating article has been seized during the investigation. He also submits that no one has come forward to show that the accused petitioners have cheated them. He further submits that the police case based only on suspicion. He also submits that investigation in this case is complete and charge-sheet has already been submitted.
He further submits that the petitioners have been languishing in jail since 20.08.2021.
It has also been stated in paragraph no. 3 of the bail petition that the petitioners, namely, Tripurari Singh, Murari Singh and Neeraj Kumar have earlier been made accused in one, two and one other cases each, respectively. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the present case.
3/4 However, Ld. APP for the State vehemently opposes the prayer of the petitioners for bail. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioners, abovenamed, to be enlarged on bail on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Ld. CJM., Sheihpura in connection with Sheikhopur Sarai P.S. Case No. 130 of 2021 on the following conditions: (i) The petitioners will make themselves available for interrogation by a police officer/court as and when required.
(ii) The petitioners will undertake that investigation/trial will not hamper on account of their absence or non-cooperation. They must be available to the police or the court whenever their presence is required. (iii) The petitioners 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
4/4 officer.
(iv) In case, it is brought to the notice of the court below that the petitioners have criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same. (v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioners.
Ld. counsel for the petitioners is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J) uttam/- U T