Satya Prakash Singh @ Godhan vs State Of Bihar

At the outset, learned counsel for the petitioner has explained to this Court that in paragraph '3' of the petition he has given the details of the cases

against the petitioner and out of 11 cases, in 4 cases the petitioner has already been acquitted whereas in other 7 cases he has been granted bail. In

this connection, it is submitted that in the petition the word '(B)' stated in front of the description of the cases at serial no.(iv), (v), (vii), (viii), (ix), (x)

and (xi) denotes the word 'bail'. He has also pointed out that the statement in this regard has been made in paragraph '14' of the application.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with Chapra Muffasil P.S. Case No.142/2020 registered for the offences

punishable under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b) a, 26,35 of the Arms Act.

Prosecution case in short is that on 29.03.2020 at 16.30 hours the informant got an information on his mobile that some miscreants have been planning

in Newaji tola orchard to commit dacoity/loot. On receiving this information, the informant along with other police personnel reached at the given place

and on seeing the police party 8-10 persons started fleeing away, however six of them were apprehended with the help of police force. On search,

from the possession of one Satya Prakash Singh (petitioner) a country made pistol with three live cartridges were recovered and from the possession

of one Ajay Kumar a knife was recovered.

Learned counsel submits that the petitioner is innocent and he has been falsely implicated in the present case. Learned counsel submits that no

incriminating article has been recovered from the conscious possession of the petitioner. It is submitted that the petitioner has remained in jail in

connection with the present case for one year three months.

Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that as per the allegations a

country made loaded pistol has been recovered from the possession of the petitioner which was having three cartridges, however, the petitioner has

remained in jail in connection with the present case for one year three months approximately and the investigation against him is complete, the trial is

not likely to be concluded in near future, this Court directs release of the petitioner above named on bail on furnishing bail bonds of Rs.25,000/-

(Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Saran at

Chapra in connection with Chapra Muffasil P.S. Case No.142/2020, subject to the conditions as laid down under Section 437(3) Cr.P.C. as under:

(a) That such person shall attend in accordance with the conditions of the bond executed under this Chapter,

(b) That such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which is

suspected, and

(c) that such persons shall not directly or indirectly make and inducement, threat or promise to any person acquainted with the facts of the case so as

to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner

has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail

bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

The application stands allowed.