Sanjay Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38673 of 2023 Arising Out of PS. Case No.-63 Year-2020 Thana- SHRI NAGAR District- Madhepura ====================================================== SANJAY ROY Son of Tunai Roy Resident of village - Rahta - Chakla, P.S. - Srinagar, Distt. - Madhepura ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dinesh Prasad Verma, Advocate.
For the Opposite Party/s :
Mr.Manoj Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-12-2023 Heard Mr. Dinesh Prasad Verma, learned counsel appearing on behalf of the petitioner and Mr. Manoj Kumar, learned APP appearing on behalf of the State.
2. Petitioner seeks bail in connection with Srinagar P.S. Case No. 63 of 2020 registered under Sections 341, 323, 324, 325, 307, 379, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. Petitioner had earlier moved before this court for grant of regular bail by filing Cr. Misc. No. 48760 of 2021 which was rejected by this Court vide order dated 05.05.2022.
4. As per the allegation made in the F.I.R., the petitioner is said to have assaulted on the head of the victim by
Patna High Court CR. MISC. No.38673 of 2023(3) dt.22-12-2023 2/3 means of farsa.
5. It has been informed by learned counsel appearing on behalf of the petitioner that even the case has not been committed and the petitioner is in custody since 23.04.2021.
6. Considering the fact that no progress has taken place in conduct of the trial, the petitioner, above named, 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 S.D.J.M., Madhepura in connection with Srinagar P.S. Case No. 63 of 2020, subject to the condition that the petitioner must file an undertaking that he will not indulge in such crime in future along with the undertaking of two responsible persons of the village and also subject to following conditions:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
Patna High Court CR. MISC. No.38673 of 2023(3) dt.22-12-2023 3/3
(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.
7. The bail application stands disposed of.
(Purnendu Singh, J) mantreshwar/- U