In an oral order, the Patna High Court granted regular bail to the petitioner, directing his release upon furnishing a bail bond with two sureties and adhering to standard conditions regarding trial cooperation and antecedent verification.
Direction to release the petitioner on bail by furnishing a bond of Rs. 25,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23358 of 2021
Arising Out of PS. Case No.-60 Year-2020 Thana- SAHIYARA District- Sitamarhi
======================================================
BIGU PURVE @ MAHESH PURVE Son of Sri Ram Sevak Purve Resident of Village- Oralahiya, P.S.- Sahiyara, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Prasad Singh, Advocate For the Opposite Party/s : Mr. APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
4 23-11-2021 Let the defect(s), as pointed out by the Office, be
removed within four weeks of start of normal functioning of the physical Court.
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks regular bail in connection with Sahiyara P.S. Case No.60 of 2020 registered for the offence under Sections 307/34 of the IPC and Section 27 of the Arms Act.
As per prosecution case, while the petitioner, his son Vikki Kumar and one villager Abdul Rajak were going to market, three unknown miscreants fired at the informant and other persons causing injuries to them.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.23358 of 2021(4) dt.23-11-2021 2/3
petitioner has clean antecedent and he has falsely been implicated in this case on the basis of suspicion. He further submits that the petitioner is not named in the FIR and till date no test identification parade has been conducted. Petitioner is in custody since 03.08.2020.
However, learned APP for the State vehementally opposed the prayer for regular bail.
In the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sahiyara P.S. Case no. 60 of 2020 with following conditions:-
(i) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(ii) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.
(iii) That one of the bailors will be a close relative of
Patna High Court CR. MISC. No.23358 of 2021(4) dt.23-11-2021 3/3
the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(iv) And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
1 issue framed by the court
Whether the petitioner is entitled to regular bail in connection with the offence under Sections 307/34 of the IPC and Section 27 of the Arms Act.
Bigu Purve @ Mahesh Purve
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
