Md. Javed Vs the State of Bihar — Bail and Remand | Patna HC (2024)

Md. Javed Vs the State of Bihar — Bail and Remand | Patna HC (2024)

What the court decided

AI extract

Outcome

Regular bail granted to the petitioner on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand Only) with two sureties of the like amount each, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bagaha, West Champaran, in connection with S.Tr. No.2215 of 2023 arising out of Ram Nagar P.S. Case No.36 of 2023, subject to Section 437(3) Cr.P.C. conditions and five additional conditions (family-member bailor with bona fide proof; attendance on all trial dates; monthly police-station reporting for one year; no witness tampering; no further offences).

Issue for consideration

Whether the petitioner, lodged under Sections 25(1-b)a/26/35 of the Arms Act in Ram Nagar P.S. Case No.36 of 2023 (S.Tr. No.2215 of 2023), whose earlier bail prayer was rejected with liberty to renew after framing of charge, is entitled to regular bail.

Court's answer

On the facts and submissions (charge framed, co-accused bailed, over one year in custody, clean antecedents), the petitioner is granted bail on furnishing bail bonds of Rs. 30,000/- with two sureties of the like amount each, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bagaha, West Champaran, in connection with S.Tr. No.2215 of 2023 arising out of Ram Nagar P.S. Case No.36 of 2023.

Ratio / Principle

The bail grant is made subject to the conditions laid down under Section 437(3) of Cr.P.C. together with five additional conditions: (i) one bailor to be a family member providing an official document showing bona fide; (ii) appearance on each and every date before the Trial Court, failure on two consecutive dates without plausible reason entailing cancellation of bail bonds by the Trial Court; (iii) monthly appearance at the concerned police station for one year to mark attendance; (iv) no inducement, promise or threat to witnesses or tampering with evidence, failing which the State may seek cancellation; and (v) desistance from committing any criminal offence again, failing which the State may seek cancellation.

Detailed headnote1 paragraphs

Patna High Court (Dr. Anshuman, J.), Criminal Miscellaneous No.5304 of 2024, order dated 03-04-2024: Regular bail granted to Md. Javed (s/o Shekh Raful @ Shekh Raiful) in S.Tr. No.2215 of 2023 arising out of Ram Nagar P.S. Case No.36 of 2023, District West Champaran, lodged under Sections 25(1-b)a/26/35 of the Arms Act. His earlier bail application had been rejected vide order dated 05.07.2023 in Cr. Misc. No.37642 of 2023 with liberty to renew after framing of charge; charge has since been framed and the case fixed for examination of prosecution witnesses. Considering that co-accused had been granted bail, the petitioner's custody exceeding one year, and his clean antecedents, bail was allowed on a bond of Rs. 30,000/- with two like sureties to the satisfaction of the Sub-Divisional Judicial Magistrate, Bagaha, subject to Section 437(3) Cr.P.C. conditions and five further conditions (family-member bailor with bona fide document; attendance on every trial date with cancellation for two consecutive unexplained absences; monthly police-station attendance for one year; no inducement/tampering with witnesses or evidence; no repetition of offences). Application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5304 of 2024

Arising Out of PS. Case No.-36 Year-2023 Thana- RAMNAGAR District- West Champaran

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

Md. Javed Son Of Shekh Raful @ Shekh Raiful Resident Of Village - Jogia, Police Station - Ram Nagar, District - West Champaran

... ... Petitioner/S

Versus

The State Of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Milind Kumar Mishra, Adv. For the Opposite Party/s : Mr.Nirmala Kumari, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

3 03-04-2024

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner seeks regular bail in connection with S.Tr. No.2215 of 2023, arising out of Ram Nagar P.S. Case No.36 of 2023, lodged under Sections 25(1-b)a/ 26/35 of the Arms Act.

Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 05.07.2023 passed in Cr. Misc. No.37642 of 2023 in which liberty was granted to him to renew his prayer for bail after framing of charge.

Learned counsel for the petitioner further submits that the charge has already been framed in this case and case has been fixed for adducing the prosecution witness. He also

Patna High Court CR. MISC. No.5304 of 2024(3) dt.03-04-2024 2/3

submits that the other co-accused persons have been granted bail and the petitioner has continued in custody for more than one year and his antecedent is clean.

Learned counsel for the State opposes the prayer

for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 30,000/(Rupees Thirty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bagaha, West Champaran in connection with S.Tr. No.2215 of 2023, arising out of Ram Nagar P.S. Case No.36 of 2023, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his 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 bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned

Patna High Court CR. MISC. No.5304 of 2024(3) dt.03-04-2024 3/3

police station every month for one year to mark attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and

(v) 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 this observation, the bail application stands

allowed.

(Dr. Anshuman, J.)

Prakashmani/-

U T