Sanjeet Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74056 of 2022 Arising Out of PS. Case No.-76 Year-2022 Thana- SHANKARPUR District- Madhepura ====================================================== SANJEET DAS Son of Dinesh Das R/o village - Kabhiyahi, Ward No.- 13, P.S.- Shankarpur, District - Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pawan Kumar, Advocate For the Opposite Party/s :
Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner is in judicial custody in connection with Shankarpur P.S. Case No. 76 of 2022 instituted under Sections 356 and 379 of the I.P.C. later on Sections 392 and 411 has been added, lodged on 25.04.2022 by the informant Shaligram Yadav.
As per the FIR, on 23.04.2022 at about 08:00 PM, the informant and his son Ramendra Kumar were coming back to their village when three unknown accuseds riding on a motorcycle overtook them and forced them to stop on gun point. Thereafter, the accused persons snatched informant's mobile and also the motorcycle bearing registration no. BR50V8895 and fled away.
Learned counsel for the petitioner submits with the
Patna High Court CR. MISC. No.74056 of 2022(2) dt.17-04-2023 2/3 help of para-8 to 10 that he was not named in the FIR, name came in the confessional statement before the police, nothing incriminating has been recovered from his conscious possession nor TI parade done.
Learned APP opposes the prayer and also submited that he has number of criminal cases under his belt. Considering the aforesaid submission of the petitioner that no TI parade made, name came in confessional statement and nothing has been recovered from his conscious possession as also the fact that he is in custody since 23.08.2022 (as stated in para-13 of the petition), this Court is inclined to extend him privilege of bail with conditions.
Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Shankarpur P.S. Case No. 76 of 2022 to the satisfaction of learned A.C.J.M, I, Madhepura, subject to following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her 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 bond by the Trial court itself;
Patna High Court CR. MISC. No.74056 of 2022(2) dt.17-04-2023 3/3 (iii) the petitioner shall appear before the concerned police station every month for next 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 evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(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. (Rajiv Roy, J) Prakash Narayan /- U T