Sanjeet Kumar @ Bhola v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 66885 of 2023 Arising Out of PS. Case No.-193 Year-2023 Thana- TEGHRHA District- Begusarai ====================================================== Sanjeet Kumar @ Bhola S/O Rajkumar Thakur R/O Village- Ward No. 13, Gaura-01, Bishunpur Tola, P.S- Teghra, Distt.- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pritish Kumar Lal, Adv.
For the Opposite Party/s :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Teghra P.S. Case No. 193 of 2023 dated 22.06.2023, lodged under Sections 341, 323, 379, 504, 307 and 34 of the I.P.C. read with Section 27 of the Arms Act.
3. As per the prosecution case, the F.I.R. has been lodged against two named accused persons. The specific allegation against the petitioner is that he has made gun shot by which the informant's left tough has injured.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the case and counter case has been filed for same date and place of occurrence from both the sides. Counsel
Patna High Court CR. MISC. No. 66885 of 2023(2) dt.16-10-2023 2/3 submits that the informant's side has filed case bearing Teghra P.S. Case No. 193 of 2023, whereas the petitioner's side has filed case bearing Teghra P.S. Case No. 192 of 2023.
5. Learned counsel for the petitioner further submits that both petitioner and informant belongs to the same village and well known to each other. Counsel further submits that the petitioner is in custody since 23.06.2023. Counsel further submits that there are eight criminal cases pending against the petitioner in which he has been acquitted on four cases and in rest cases, he is either on bail or persuading for bail.
6. Learned counsel for the State opposes the prayer for bail and submits that the antecedent of the petitioner is not clean and at the time of considering the bail, this aspect may be taken into consideration.
7. 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, Begusarai in connection with Teghra P.S. Case No. 193 of 2023, 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. 66885 of 2023(2) dt.16-10-2023 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.
8. With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) sadique/- U T