Patna High CourtCR. MISC./78198/2024bail granted

Om Prakash Sah @ O.P. v. The State Of Bihar

2024-11-13Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78198 of 2024 Arising Out of PS. Case No.-151 Year-2021 Thana- BANIAPUR District- Saran ====================================================== Om Prakash Sah @ O.P. S/o- Kanhaiya Sah Village- Rampur PS- Gaura DisttSaran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udai Shankar Singh For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-11-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Baniyapur P.S. Case No. 151 of 2021 dated 07.05.2021 registered for the offence/s punishable u/s 392 of the Indian Penal Code.

3. As per the prosecution case, four unknown miscreants ridden on two motorcycles looted Rs. 1,90,000/-, two mobile phones and Sim cards on gun point.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement

Patna High Court CR. MISC. No.78198 of 2024(2) dt.13-11-2024 2/3 of the co-accused Rajesh Kumar. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated co-accused has already been granted bail by this court vide order dated 07.07.2023 passed in Cr. Misc. No. 37290 of 2023. The petitioner has 19 criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 23.09.2021.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Chapra, Saran in connection with Baniyapur P.S. Case No. 151 of 2021, with the following condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

(ii). One of the bailors shall be a close relative of

Patna High Court CR. MISC. No.78198 of 2024(2) dt.13-11-2024 3/3 the petitioner who shall give genealogy as to how he is related to the petitioner.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T