Satya Narayan Panjiyar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16994 of 2024 Arising Out of PS. Case No.-23 Year-2023 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Satya Narayan Panjiyar S/o Jugut Lal Panjiyar Resident of Village-Bishariya, Police Station-Ghoghardiha, District-Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimal Jha, Advocate For the Opposite Party/s :
Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Bhairavsthan P.S. Case No. 23 of 2023 lodged on 09.02.2023 under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.
3. As per the prosecution case, the FIR has been lodged against five named accused persons, including the present petitioner. The petitioner has been apprehended by the police party and from his possession four mobile phones, one live cartridge, and one used cartridge have been recovered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is in custody since 09.02.2023. There is no indication
Patna High Court CR. MISC. No.16994 of 2024(5) dt.26-06-2024 2/3 of offence under Sections 399, 402 and 414 of the Indian Penal Code but Arms Act is applicable in which he is in custody for more than one year. Learned counsel further submits that there were three criminal cases pending against the petitioner as stipulated in paragraph no.3 of the petitioner but subsequently,a supplementary affidavit has been filed by the petitioner stating that he is accused in four more criminal cases. Out of four criminal cases, in two cases, he has been granted bail while in rest two cases, he is persuading bail.
5. Learned counsel for the State opposes the prayer for bail and submits that at the time of considering the prayer for bail of the petitioner, this aspect must be taken into consideration that theantecedent of the petitioner is not clean.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released on bail, but only after framing of charge, if not framed as well as the trial Court on being satisfied that the petitioner is not absconding in (I) Madhepur P.S. Case NO. 167 of 2021; (ii) Pandaul P.S. Case No. 307/2022, (iii) Jhanjharpur P.S. Case No. 198 of 2020 and (iv) Ghoghardiha P.S. Case No. 18/2023, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the
Patna High Court CR. MISC. No.16994 of 2024(5) dt.26-06-2024 3/3 like amount each to the satisfaction of learned Judicial Magistrate, 1st Class Jhanjharur, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure. (Dr. Anshuman, J) Ashwini/- U T