Sanju Ravidas @ Sanjay Ravidas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1757 of 2024 Arising Out of PS. Case No.-207 Year-2023 Thana- NOORSARAI District- Nalanda ====================================================== SANJU RAVIDAS @ SANJAY RAVIDAS S/O- RAJENDRA RAVIDAS R/O- VILL. - ANDHANA, PS- NOORSARAI, DSTT.-- NALANDA ... ... Petitioner/s
Versus
The State of Bihar PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar For the Opposite Party/s :
Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Noorsarai P.S. Case No. 207 of 2023 registered on 07.05.2023 lodged under Sections 397 I.P.C.
3. As per the prosecution case, F.I.R. has been lodged against five unknown accused persons against whom there is an allegation that they have committed dacoity and looted the battery of three wheelers as well as they have snatched the mobile phone and cash from the informant.
4. Counsel for the petitioner submits that name of the
2/4 petitioner has been figured in this case by the virtue of confessional statement of the petitioner himself that he is involved in the said case.
5. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 04.07.2023 Counsel further submit that the petitioner is accused in four cases and he is on bail on three cases and in rest cases he is persuading for bail.
6. Counsel further submits that one of the co-accused has been granted bail by co-ordinate Bench of this Court vide order dated 20.12.2023 passed in Cr. Misc. No. 80134 of 2023. He submits that chargesheet has already been filed in this case.
7. Learned counsel for the State opposes the prayer for bail and submits that in the rejection order Court has indicated five criminal antecedent of the petitioner along with the case number whereas petitioner has stated that only four criminal cases is pending against him. He further submits that antecedent of the petitioner is not clean and this aspect must be taken into consideration at the time of granting bail.
8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail after framing of charge as well as the
3/4 trial court on being satisfied with the affidavit to be submitted by the petitioner before the Trial Court indicating therein that he is not absconding in any one of the four cases, and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nalanda at Bihar Sharif in connection with Noorsarai P.S. Case No. 207 of 2023, subject to the following conditions as well as the conditions laid down under Section 437 (3) of the Cr.P.C.
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and
4/4 (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 the bail bonds. (Dr. Anshuman, J) Sunnykr/- U