Sanjay Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.72776 of 2018 Arising Out of PS. Case No.-122 Year-2017 Thana- GAUNAHA District- West Champaran ====================================================== Sanjay Patel S/o Gorakh Patel Resident of Village- Chiutaha, P.S. Mainatand, District West Chamapran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar For the Opposite Party/s :
Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-12-2018 Heard learned counsel for the parties.
Petitioner seeks bail in Gaunaha P.S. Case No. 122 of 2017 registered for the offence punishable under Sections 394 of the Indian Penal Code.
Informant has alleged in his written complaint that while he was returning from his Office, three unknown criminals intercepted him and snatched away his money and mobile and has also given the description of criminals. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on the basis of confessional statement of co-accused and there is no any other incriminating material against the petitioner except the confessional statement of co-accused. Petitioner has never been put on TIP. Chargesheet has been submitted. Petitioner is in
Patna High Court Cr.Misc. No.72776 of 2018(2) dt.12-12-2018 2/2 custody since 05.05.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Gaunaha P.S. Case No. 122 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U