Sanjeet Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71321 of 2022 Arising Out of PS. Case No.-236 Year-2022 Thana- TRIVENIGANJ District- Supaul ====================================================== SANJEET DAS S/O Dinesh Das R/O Village- Kabhiyahi, Ward No-13, P.SShankarpur, District- Madhepura ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar, Adv.

For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Triveniganj P.S. Case No. 236 of 2022 dated 10.05.2022 registered for the offence under Sections 392 of the Indian Penal Code. Two miscreants are alleged to have committed loot from the informant's bag containing Rs. 68,100/- along with his mobile.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the ground of his previous antecedents. He further submits that the petitioner has not been named in the F.I.R., however, his name transpired in this case during course of investigation on the basis of his self confession before the police

Patna High Court CR. MISC. No.71321 of 2022(4) dt.20-04-2023 2/3 which was recorded in connection with Shankarpur P.S. Case No. 96 of 2022. He further submits that nothing incriminating has been recovered from the house or conscious possession of the petitioner nor he has been put on T.I.P. by the prosecution as yet. Save and except the self confession of the petitioner, no cogent material has surfaced against the petitioner suggesting his involvement in the alleged occurrence. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 04.07.2022.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries six more cases other than the present one and he is on bail in all four cases.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Triveniganj P.S. Case No. 236 of 2022 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.71321 of 2022(4) dt.20-04-2023 3/3 reason, his/her bail bond shall be canceled by the Court below.

(2) 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.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T