Allowed¶19

Paras Sah v. The State of Bihar

Patna HC14 Aug 2024CR. MISC./19941/2024

Case brief

AI extract

What is this about?

Patna High Court Criminal Miscellaneous No. 19941 of 2024 decided on 14-08-2024 by Anjani Kumar Sharan, J.; bail application of Paras Sah in Madhepura P.S. Case No. 1019 of 2019 under IPC Sections 395, 397, 323, 325, 307 and Arms Act Section 27 (dacoity/robbery of ornaments, shooting of shopkeeper); bail allowed on custody period and framing of charge; bond Rs. 25,000/- with two sureties; conditions on bailors, trial attendance, investigation cooperation and monthly police-station reporting.

What did the court decide?

Petitioner enlarged on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending, subject to five enumerated conditions. ¶19

Paras Sah Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether petitioner Paras Sah should be enlarged on bail in connection with Madhepura P.S. Case No. 1019 of 2019 registered under Sections 395, 397, 323, 325, 307 of the IPC and Section 27 of the Arms Act.

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Court's answer

Taking into account the period of custody undergone by the petitioner and the fact that charge has already been framed, the petitioner was directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the court below where the case is pending.

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Ratio / Principle

Bail was made subject to conditions, including that a bailor be a close relative giving an affidavit of genealogy and address-change intimation, affidavit undertaking to inform the court if the petitioner is accused in any other similar case, physical presence in court on every trial date (failure on two consecutive dates liable to cancellation), cooperation with investigation if not concluded, and monthly appearance before the local police station in the first week until disposal of the case.

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Detailed headnote1 paragraphs

Bail granted — Offences punishable under Sections 395, 397, 323, 325, 307 of the IPC and Section 27 of the Arms Act (Madhepura P.S. Case No. 1019 of 2019) — Petitioner not named in the FIR and implicated only on the confessional statement of co-accused Amardeep Kumar, who had already been granted regular bail on 02.06.2020 — Nothing recovered from the petitioner's conscious possession or house — No criminal antecedent alleged — In custody since 15.02.2023 and charge already framed — Considering the period of custody and framing of charge, bail granted on bond of Rs. 25,000/- with two like sureties, subject to conditions including a relative bailor with genealogy affidavit, disclosure of any further similar accusation, attendance on all trial dates, cooperation with investigation if pending, and monthly appearance before the local police station till disposal.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19941 of 2024

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Arising Out of PS. Case No.-1019 Year-2019 Thana- MADHEPURA District- Madhepura

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======================================================

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PARAS SAH S/o Late Vishwanath Sah Resident of Village-Mawesi Hospital, Ward No. 13, P.S. and District-Madhepura.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Md Jubair Ansari, Adv. For the Opposite Party/s : Mr. Shailendra Kumar, APP. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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4 14-08-2024

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner seeks bail in connection with a case registered for the offence punishable under Sections 395, 397, 323, 325, 307 of the IPC and Section 27 of the Arms Act.

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Allegedly, huge quantity of ornaments kept in the shop of one Abhishek Kumar have been looted by six unknown criminals. It is further alleged that they assaulted the owner of the shop and customers present there. They also shot bullet over the shop owner causing injury to him.

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It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior

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Patna High Court CR. MISC. No.19941 of 2024(4) dt.14-08-2024 2/3

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motive. Nothing has been recovered from conscious possession of the petitioner or from his house. The allegation levelled against the petitioner is totally false and based on concocted facts. Petitioner is not named in the FIR. He has been made accused in the present case merely on the basis of the confessional statement of co-accused Amardeep Kumar, who has been granted regular bail vide order dated 02.06.2020 passed in Cr. Misc. No. 8239 of 2020. It is further submitted that petitioner has no criminal antecedent, as mentioned in para 3 of the bail application. He is in custody since 15.02.2023 and charge has already been framed against him.

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Learned APP for the State opposes the prayer for bail.

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Considering the period of custody as well as the fact that charge has already been framed against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/Successor Court in connection with Madhepura P.S. Case no. 1019 of 2019, subject to the further conditions that

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(1) One of the bailors will be own close relatives of the petitioner who will give an affidavit genealogy as to how he is

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Patna High Court CR. MISC. No.19941 of 2024(4) dt.14-08-2024 3/3

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relative to petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

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(2) The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

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(3) The petitioner shall remain physically present in the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

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(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

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(5) The petitioner shall appear before the Police Station of his local area in the first week of each month till the disposal of the present case.

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(Anjani Kumar Sharan, J)

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divyanshi/- U T

Paras Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Paras Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Parties & counsel

Coram

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