Chhote Ranjan @ Chhotelal @ Guletiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64727 of 2023 Arising Out of PS. Case No.-746 Year-2022 Thana- SONEPUR District- Saran ====================================================== Chhote Ranjan @ Chhotelal @ Guletiya Son of Prakash Paswan R/o vill - Rasulpur Turki, P.S. - Bhagwanpur, Distt. - Vaishali, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saket Anand, Adv.
For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-10-2023 Let the defect(s), if any, be removed within two weeks from today.
2. Heard learned counsel for the petitioner and learned A.P.P. for the State.
3. The petitioner seeks regular bail in connection with Sonepur (Hariharnath) P.S. Case No. 746 of 2022 dated 30.09.2022, lodged under Section 392 of the I.P.C.
4. As per the prosecution case, the F.I.R. has been lodged against three unknown accused persons.
5. Learned counsel for the petitioner submits that the name of the petitioner has figured in this case by virtue of the confessional statement made by the co-accused. Counsel submits that nothing incriminating has been recovered from the possession of the petitioner nor he was put on T.I.P. Counsel
Patna High Court CR. MISC. No.64727 of 2023(2) dt.11-10-2023 2/3 submits that the name of the petitioner has figured in this case only and only by virtue of suspicion.
6. Learned counsel for the petitioner further submits that the criminal case pending against the petitioner bearing Bhagwanpur P.S. Case No. 231 of 2012 in which he was acquitted and thereafter, one criminal case was filed recently this year bearing Shastri Nagar P.S. Case No. 135 of 2023, whereas in the present case he has been remanded on 24.06.2023. Counsel further submits that the petitioner is accused in the present case which is magisterial triable in nature.
7. Learned counsel for the State opposes the prayer for bail.
8. 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 Chief Judicial Magistrate, Saran at Chapra/ concerned Court in connection with Sonepur (Hariharnath) P.S. Case No. 746 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:
Patna High Court CR. MISC. No.64727 of 2023(2) dt.11-10-2023 3/3 (i) one of the bailor 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 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.
9. With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) sadique/- U T