Bail granted to the petitioner in a dacoity case under Sections 399, 402 IPC and Arms Act on furnishing a bond of Rs. 10,000 with two sureties, subject to conditions to cooperate in trial and not tamper with evidence.
Petitioner released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45606 of 2022
Arising Out of PS. Case No.-417 Year-2018 Thana- SARAIYA District- Muzaffarpur
======================================================
GUDDU SAHANI SON OF SURAJ SAHANI R/O VILLAGEKAMALPURA, P.S.- PAROO, DISTRICT- MUZAFFARPUR (BIHAR)
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Arun Kumar For the Opposite Party/s : Mr.Mohammad Sufyan ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 25-11-2022 Let the defect(s), as pointed out by the office, be
removed within a period of four weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Saraiya P.S. Case No. 417 of 2018 registered for the offences punishable under Section 399, 402, 34 IPC and Section 25(1-b) A, 26/35 of the Arms Act.
As per prosecution case, the informant received secret information that 7-8 persons with weapons are planning to commit dacoity and have gathered in the field of Bhagat Singh High School, Manikpur. On the said information the informant with armed force went there and on seeing the police three persons on two motorcycles succeeded in fleeing away,
Patna High Court CR. MISC. No.45606 of 2022(2) dt.25-11-2022 2/4
but three persons were caught by the police force who disclosed their names as Rahul Kumar Yadav, Md. Anjar and Mukesh Kumar and they also disclosed the name of present petitioner and others who fled away from the spot. It is further alleged that on search one loaded country made katta, one live cartridge and samsung mobile have been recovered from the possession of co-accused Rahul Kumar Yadav. It is further alleged that one loaded country made katta and a live cartridge and samsung mobile have been recovered from the possession of co-accused Md. Anjar. It is further alleged that one loaded country made pistol, one live cartridge have been recovered from the possession of co-accused Mukesh Kumar.
Learned counsel for the petitioner submits that petitioner is in custody since 13.06.2022 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that petitioner is not apprehended on spot. Nothing has been recovered from his possession. He further submits that co-accused Md. Anjar, Mukesh Kumar Ram and Rahul Yadav have already been granted bail vide Cr. Misc. No 18896 of 2019, Cr. Misc. No 17948 of 2019 and Cr. Misc No. 26710 of 2019 respectively by co-ordinate bench of this
Patna High Court CR. MISC. No.45606 of 2022(2) dt.25-11-2022 3/4
court and the case of present petitioner stands on better footing keeping in view this fact that nothing has been recovered from his possession.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody,co-accused have been granted bail by coordinate bench, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released 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 learned A.C.J.M 1st , (West) Muzaffarpur in connection with Saraiya P.S. Case No. 417 of 2018, subject to following conditions:-
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive
Patna High Court CR. MISC. No.45606 of 2022(2) dt.25-11-2022 4/4
dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.
(iii) 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.
(Alok Kumar Pandey, J)
vashudha/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner considering his clean antecedents and the fact that the charge sheet has been submitted and no evidence was recovered from his possession.
Colour shows how this judgement treated each authority
State of Bihar v. Md. AnjarDistinguished¶18
Cr. Misc. No 18896 of 2019
State of Bihar v. Mukesh KumarReferred¶18
Cr. Misc. No 17948 of 2019
State of Bihar v. Rahul Kumar YadavReferred¶18
Cr. Misc No. 26710 of 2019
6 provisions across 2 enactments
Guddu Sahani
The State of Bihar
Allok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
