Sone Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86000 of 2023 Arising Out of PS. Case No.-154 Year-2020 Thana- BEUR District- Patna ====================================================== Sone Lal S/o Naresh Mahto R/O - Sabalpur - 28, P.S. - Sonpur, Distt. - Saran (Chhapra), A/p-Gosai Tola, Mahto Gali (Machhali Gali), P.S-Patliputra, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Pratibha Gupta, Advocate.

For the State :

Mr.Binod Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-07-2024 Heard Ms. Pratibha Gupta, learned counsel appearing on behalf of the petitioner and Mr. Binod Kumar, learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Beur P.S. Case No. 154 of 2020 for the offence punishable under Section 395 of the Indian Penal Code.

3. As per the allegation made in the F.I.R., 6-8 unknown miscreants entered into the Branch of Punjab National Bank and on the point of pistol committed robbery of Rs.52,58,500/- and fled away.

4. Learned counsel appearing on behalf of the petitioner submitted that earlier prayer for bail of the petitioner was rejected by this Court vide order dated 04.02.2022 passed in

Patna High Court CR. MISC. No.86000 of 2023(5) dt.26-07-2024 2/3 Cr. Misc. No. 39516 of 2021. Now, the petitioner has renewed his prayer for bail by filing the presenting bail application on the ground that the petitioner has remained in custody for 3 years 8 months and similarly situated co-accused, namely, Praful Kumar and Akash Kumar have been released on regular bail vide orders dated 10.02.2023 and 14.09.2023 passed in Cr. Misc. Nos. 40551 of 2022 and 30347 of 2023 respectively by this Court. She further submits that the alleged recovery of Rs. 6 lacs from the house of the petitioner is in connection with some other case being Jakkanpur P.S. Case No. 316 of 2020.

5. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

6. Considering the fact that the petitioner is in custody since 04.11.2020 and similarly situated two persons have been released on bail, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-XXIV, Patna in connection with Beur P.S. Case No. 154 of 2020, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court

Patna High Court CR. MISC. No.86000 of 2023(5) dt.26-07-2024 3/3 concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(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.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(5). The petitioner will make his attendance before the S.H.O., Jakkanpur P.S., Patna every week without fail and on any single default without any valid reason on the part of the petitioner, bail bond of the petitioner shall be cancelled automatically. The concerned SHO shall submit his monthly attendance report to the Superintendent of Police, Patna.

7. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T