Balister Kumar @ Balister Pandey Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Balister Kumar @ Balister Pandey Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Chhatauni P.S. Case No. 331 of 2024, subject to five conditions (family member/relative bailor with official bona fide document; attendance on every Trial Court date with bail-bond cancellation after two consecutive unjustified absences; fortnightly police-station attendance for one year; no inducement/promise/threat to witnesses or tampering with evidences; desistance from criminal offences).

Issue for consideration

Whether the petitioner, in custody since 17.08.2024 in connection with Chhatauni P.S. Case No. 331 of 2024 (offence punishable under Sections 134 and 303(2) of the Bharatiya Nyaya Sanhita), should be released on bail.

Court's answer

This Court extended the privilege of bail with conditions to the petitioner, taking into account the parties' submissions, that he had been in custody since 17.08.2024, that the Police could not conduct a T.I. parade, that the FIR existed, and that he would face trial.

Ratio / Principle

Ordered release of the petitioner on furnishing a bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each, to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Chhatauni P.S. Case No. 331 of 2024.

Key takeaways

Imposed five post-release conditions: (i) one bailor must be a family member/relative providing an official document showing bona fides; (ii) attendance before the Trial Court on each and every date, failure on two consecutive dates without plausible reason entailing cancellation of the bail bond by the Trial Court itself; (iii) fortnightly appearance at the concerned police station for one year to mark attendance; (iv) no inducing, promising, threatening of witnesses or tampering with evidences, failing which the State may seek cancellation of the bail bonds; (v) desistance from committing criminal offences again, failing which the State may take steps for cancellation of the bail bonds.ratio¶¶21

Detailed headnote1 paragraphs

Bail granted — mobile-phone snatching arrest (East Champaran). By oral order dated 10-12-2024, Justice Rajiv Roy of the Patna High Court enlarged Balister Kumar @ Balister Pandey, held since 17.08.2024 in custody in Chhatauni P.S. Case No. 331 of 2024 (FIR lodged 16.08.2024 by informant Md. Raza; offence punishable under Sections 134 and 303(2) of the Bharatiya Nyaya Sanhita). Weighed considerations: prolonged custody, the Police having been unable to conduct a T.I. parade, the existence of the FIR, and the petitioner's forthcoming trial. Release ordered on a bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari, subject to five conditions: (i) one bailor a family member/relative producing an official document of bona fide; (ii) presence before the Trial Court on each and every date, two consecutive unexcused absences triggering cancellation of the bail bond by the Trial Court itself; (iii) fortnightly reporting at the concerned police station for one year; (iv) no inducement, promise or threat to witnesses nor tampering with the evidences, failing which the State may move to cancel the bail bonds; and (v) desistance from any criminal offence, on pain of similar cancellation steps.