Sanjay Modi vs The State Of Bihar
2021 Latest Caselaw 174 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 31846 of 2020

        Arising Out of PS Case No.-382 Year-2018 Thana- KHAIRA District- Jamui
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Sanjay Modi, age (40) Son of Kailash Modi, Resident of Village - Arunbank,

P.S.- Khaira, District - Jamui.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s     :        Mr. Manoj Kumar, Advocate

For the State            :        Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

ORAL JUDGMENT Date : 18-01-2021

Heard Mr. Manoj Kumar, learned counsel for the

petitioner and Mr. Md. Arif, learned I/C Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with Khaira

PS Case No. 382 of 2018 dated 27.09.2018, instituted under

Sections 147/121 (a)/122/124(a)/120 (b)/134 of the Indian Penal

Code; 3/5/6 of the Explosive Substances Act, 1908 and

16/17/18/19/20/21/22 of the Unlawful Activities (Prevention) Act,

1967.

Patna High Court CR. MISC. No.31846 of 2020 dt.18-01-2021

3. There allegation against the petitioner along with

many other accused of being involved in the activities of an

unlawful organization and specifically against the petitioner that

from his shop provisions were supplied to them.

4. Learned counsel for the petitioner submitted that

neither the petitioner was caught at the spot nor there is any

recovery from him. It was submitted that the petitioner runs a

Kirana Store and even if it is assumed that provisions were taken

from his shop, as a shopkeeper, he has neither any knowledge nor

concern with who buys what from his shop as he has no

information with regard to his customers. Learned counsel

submitted that the FIR itself says that provisions were brought

from the shop of the petitioner and no further allegation has been

made. Learned counsel submitted that the petitioner having clean

antecedent is in custody since 16.04.2020.

5. Learned APP submitted that the petitioner provided

the food supply to the extremists and, thus, he cannot claim that he

is innocent.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like Patna High Court CR. MISC. No.31846 of 2020 dt.18-01-2021

amount each to the satisfaction of the learned Chief Judicial

Magistrate, Jamui/Court concerned, in Khaira PS Case No. 382 of

2018, subject to the conditions (i) that one of the bailors shall be a

close relative of the petitioner, (ii) that the petitioner and the

bailors shall execute bond with regard to good behaviour of the

petitioner, (iii) that the petitioner shall also give an undertaking to

the Court that he shall not indulge in any illegal/criminal activity,

act in violation of any law/statutory provisions, tamper with the

evidence or influence the witnesses, and any violation of the terms

and conditions of the bonds or the undertaking shall lead to

cancellation of his bail bonds, (iv) the petitioner shall cooperate in

the case and be present before the Court on each and every date,

and failure to cooperate or being absent, without sufficient cause,

shall also lead to cancellation of his bail bonds, and (v) till the trial

is concluded, the petitioner shall personally report in the office of

the Superintendent of Police, Jamui every Monday at 11:00 AM

where his presence shall be recorded. Upon failure to do so, the

Superintendent of Police, Jamui shall file an application before the

Court concerned and his bail shall be cancelled.

7. This order is subject to the main application supported

by affidavit being e filed before the Court by learned counsel for

the petitioner latest by day after tomorrow.

Patna High Court CR. MISC. No.31846 of 2020 dt.18-01-2021

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

Anand Kr.

AFR/NAFR U T