Court granted bail to petitioner accused of robbery (IPC s. 395) in custody since June 2021, imposed strict conditions including district restrictions and weekly police reporting due to prior antecedents.
Petitioner released on bail furnishing bond of Rs. 10,000 with two sureties of like amount subject to strict 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.66725 of 2022
Arising Out of PS. Case No.-85 Year-2021 Thana- PATORI District- Samastipur
======================================================
SONU KUMAR @ SONU @ SONU BHAGAT Son of Late Suresh Bhagat R/v- Maraut Pur P.S.- Desari, Dist- Vaishali
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
2 30-11-2022
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is an accused in connection with Patori Mohanpur (O.P) P.S. Case No. 85 of 2021 under Section 395 of the Indian Penal Code.
The petitioner had earlier moved before this Court vide Cr. Misc. No. 67050 of 2021 which was rejected by order dated 16.05.2022.
As per the allegation, on 27.03.2021 when the informant along with his nephew were returning home on his motorcycle after closing the jewellery shop and had kept jewellary worth Rs. 2 lakhs and a cash amount of Rs. 40,000/in his dicky, it is alleged that the accused persons overtook his motorcycle and after attacking them break open the dicky and
Patna High Court CR. MISC. No.66725 of 2022(2) dt.30-11-2022 2/3
removed the aforesaid jewellary and a cash amount. It is further alleged that the accused persons while breaking the dicky had also suffered injury.
In view of the fact that the petitioner is in custody since 18.06.2021 and there is no likelihood of the conclusion of the trial, charge sheet already stands submitted, this Court is inclined to grant him privilege of bail subject to strict conditions in view of the fact that he has criminal antecedent of the same nature.
Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of Judicial Magistrate 1st Class, Samastipur in connection with Patori Mohanpur (O.P) P.S. Case No. 85 of 2021, subject to the following conditions-:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her 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/her bail bond by the Trial court itself;
(iii) the petitioner shall leave the districts of
Patna High Court CR. MISC. No.66725 of 2022(2) dt.30-11-2022 3/3
Samastipur and Vaishali for a period of three month(s) after providing name and address and police station of his place of stay during the said period and he shall be duty bound to visit the police station concerned ( where he will stay) every week to mark his attendance;
(iv) upon return to his district, he shall visit the concerned police station every fortnight for the next one year to mark attendance;
(vi) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
(vii) 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.
With the aforesaid observations, the bail application is
allowed.
(Rajiv Roy, J)
Jagdish/Neha/-
U T
1 issue framed by the court
Whether bail should be granted to the accused despite criminal antecedents and likelihood of trial conclusion.
SONU KUMAR @ SONU @ SONU BHAGAT
THE STATE OF BIHAR
RAJIV ROY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
