Patna High Court – Orders
Satyendra Kumar @ Satyendra Sharma vs The State Of Bihar on 20 December, 2024
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84465 of 2024
Arising Out of PS. Case No.-348 Year-2024 Thana- NAUBATPUR District- Patna
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Satyendra Kumar @ Satyendra Sharma, Sonof Late Madan Sharma, R/O
Village- Samanpura, P.S.- Naubatpur, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ansul, Advocate
Mr. Anuj Kumar, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
For the Informant : Mr. Raj Kishore Prasad, Advocate
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 20-12-2024
Heard Mr. Ansul, learned Advocate for the petitioner
and learned APP for the State.
2. At the outset, Mr. Raj Kishore Prasad, learned
Advocate submits that he is in receipt of Vakalatnama on behalf
of informant and the same shall be filed in course of the day.
3. The petitioner seeks regular bail, who is in custody
in connection with Naubatpur P.S. Case No. 348 of 2024
registered for the offences punishable under Sections 341, 323,
302, 504, 120(B)/34 of the Indian Penal Code and Section 27 of
the Arms Act.
4. The prosecution alleges that on 27.06.2024 in the
evening, the son of the informant went to market on the
motorcycle and when he did not return and despite making call
when he did not pick up the same, suspecting some foul play,
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the informant along with his wife went to the market. In the
way, they found that all the F.I.R. named accused persons
surrounded his son and on the dictate of co-accused
Dharmendra Sharma, co-accused Dharmendra and Sunny fired
upon him, which proved fatal. The reason behind the said
occurrence is said to be that earlier the informant had lodged
Naubatpur P.S. Case No. 325 of 2024 against the petitioner
along with others, who were indulged in threatening the
informant and the deceased to withdraw the said case, which
was denied by the informant.
5. Learned Advocate for the petitioner drawing the
attention of this Court to the narrations made in the F.I.R.
submitted that admittedly the petitioner was not even present on
the place of occurrence, however, only on account of suspicion
that earlier the informant had instituted Naubatpur P.S. Case No.
325 of 2024 against the petitioner and others, his name has been
implicated in this case. Save and except the suspicion, there is
no material suggesting the complicity of the petitioner in the
crime. Moreover there is on going land dispute between the
parties, as the petitioner’s family had also filed Naubatpur P.S.
Case No. 324 of 2024 against the informant’s family. It is next
contended that be that as it may, the co-accused person, who is
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said to be involved in causing death of the deceased have been
allowed the privilege of bail in Cr. Misc. No. 70405 of 2024
vide order dated 03.10.2024. It is lastly contended that the
petitioner is a retired Army personnel and now he has been
incarcerated since 29.07.2024; the investigation of the crime is
complete and charge-sheet has been submitted.
6. On the other hand, learned APP for the State and
the informant vehemently oppose the bail application and
submit that the motive of causing death of the deceased is writ
large, as there is ongoing land dispute and the petitioner was
indulged in threatening the deceased, coupled with the fact that
the petitioner also bears one criminal antecedent.
7. Regard being had to the submissions made on
behalf of the parties and considering the fact that save and
except the suspicion, there is no other material suggesting the
complicity of the petitioner in the crime, coupled with the fact
that the investigation of the crime is complete and charge-sheet
has been submitted, let the petitioner, named above, be released
on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-VI,
Danapur in connection with Naubatpur P.S. Case No. 348 of
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2024, subject to the condition that one of the bailors will be the
close relatives of the petitioner with further conditions which
are as follows:-
(i) The petitioner will cooperate in conclusion of the
trial.
(ii) He will remain present on each and every date of
trial till disposal of the case.
(iii) He will not try to tamper with the evidence or
intimidate the witnesses to delay the disposal of trial.
(iv) In the event of default of two consecutive dates
without any cogent reason, his bail bonds will liable to be
cancelled.
(v) 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 immediate step for cancelling the bail
bond of the petitioner. However, the acceptance of bail bonds, in
terms of the above-mentioned order, shall not be delayed for this
purpose or in the name of verification.
(Harish Kumar, J)
uday/-
U T