Bharat Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84050 of 2024 Arising Out of PS. Case No.-35 Year-2024 Thana- SIMULTALLA District- Jamui ====================================================== Bharat Ray Son of Birju Ray Resident of Village - Baratand, P.S.- Garhi (Khaira), District - Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhuresh Singh, Adv.
Mr. Dipak Kumar, Adv.
For the Opposite Party/s :
Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-12-2024 Heard Mr. Madhuresh Singh, learned counsel for the petitioner and the State.
2. The petitioner is in custody in connection with Simultala P.S. Case No. 35 of 2024 for the offence punishable under sections 392, 395 and 412 of the Indian Penal Code lodged on 03.04.2024 by the informant, Manish Baske.
3. As per the prosecution story, the informant alleged that while moving through the Ghorparan Forest, the accused person assaulted and took away his motorcycle as also the mobile phone. This led to the FIR.
4. It is the case of the petitioner that though he was taken into custody on 20.05.2024, neither T.I. parade conducted nor anything has been recovered from his conscious possession
Patna High Court CR. MISC. No.84050 of 2024(2) dt.10-12-2024 2/3 and only due to force of the police, his confessional statement was recorded. The further submission is that the charges have already been framed and he will be diligently appearing in trial.
5. Learned APP opposes the prayer for bail submitting that he has criminal antecedent.
6. Having heard the parties, though there is criminal antecedent, the fact remains that despite being in custody since 20.05.2024, neither T.I. parade conducted nor anything recovered from his conscious possession. Charges have been framed and he will be facing the music, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-VI, Jamui in connection with Simultala P.S. Case No. 35 of 2024 subject to the following conditions: (i) one of the bailor should be the family member/relative 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
Patna High Court CR. MISC. No.84050 of 2024(2) dt.10-12-2024 3/3 dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for one year to mark his 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 his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T