Sanjeev Kumar Patel @ Sanjeev Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45855 of 2018 ====================================================== Sanjeev Kumar Patel @ Sanjeev Patel, S/o Lalbabu Patel, R/o MohallaPurani Gudari (Rajguru Chowk), P.S.- Bettiah (T), District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate. For the Opposite Party/s : Mr. Manish Kumar 2, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody on his remand in connection with Bettiah Town P.S. Case No.285 of 2016 since 19.12.2017 registered for the offence under Section 387 of the Indian Penal Code and Section 3/4 of the Explosive Substance Act.

Learned counsel appearing on behalf of the petitioner submits that the petitioner was remanded on pure suspicion that he along with other demanded Rs.35,00,000/- as Rangdari by attaching a poster at the gate of the informant and that he is part of the group which was involved in such offences. Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.45855 of 2018 (2) dt.21-08-2018 2/3 petitioner has no role to play, but for the confessional statement made before the police by one co-accused, namely, Kunal Thakur, the petitioner has been implicated in connection with the present case and he is languishing in jail. He further submits that no further evidence has come against the petitioner nor has he been placed on T.I. Parade. Considering the aforementioned facts and circumstances and the nature of allegation made against the petitioner and that the confessional statement made before the police has no evidentiary value, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah Town P.S. Case No.285 of 2016, subject to the following conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother, son, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present

Patna High Court Cr.Misc. No.45855 of 2018 (2) dt.21-08-2018 3/3 in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) PNM U T