Single judge allowed bail to the petitioner in a criminal case involving offences under Sections 341, 379, 376(D), and 34 of IPC, subject to furnishing a bail bond and conditions regarding trial cooperation and absence.
Petitioner released on bail with a bond of Rs. 10,000 and two sureties, subject to specific conditions.
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.30839 of 2022
Arising Out of PS. Case No.-94 Year-2022 Thana- SAHPUR District- Bhojpur
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Guddu Kumar Son Of Rameshwar Sah @ Ram Ishwar Sah Resident Of Village- Itwan Ps - Shahpur District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Manish Chandra Gandhi, Advocate For the Opposite Party/s : Mr.Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
3 19-10-2022
Let the defect (s), as pointed out by the office, be removed within four weeks from today.
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in a case registered for the offence under Sections 341,379,376(D)/34 of IPC.
Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that it appears from the FIR that there is no specific allegation against the petitioner. There is general and omnibus allegation against all the accused persons including the petitioner. Further submits that the medical report of the victim does not support the allegation as alleged in the FIR and the co-accused persons, namely, Lav Kush Singh and Biltu
Patna High Court CR. MISC. No.30839 of 2022(3) dt.19-10-2022 2/3
Yadav @ Ranjit Yadav have been granted bail by the learned court below itself vide order as Annexure-2 to the supplementary affidavit and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 15.03.2022.
Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one.
Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Shahpur P.S.Case No.94 of 2022 with the following conditions:-
(1) 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.
(2) 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.
Patna High Court CR. MISC. No.30839 of 2022(3) dt.19-10-2022 3/3
(3) 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)
Nitesh/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case registered under Sections 341, 379, 376(D), and 34 of the IPC.
1 provisions across 1 enactments
Guddu Kumar Son Of Rameshwar Sah
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
