Karan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7432 of 2024 Arising Out of PS. Case No.-231 Year-2023 Thana- ASHTHAWAN District- Nalanda ====================================================== Karan Kumar Son of Shrawan Kumar @ Shrawan Prasad Resident of Village - Narayanpur @ Hanuman Nagar, P.S.- Barbigha, District - Sheikhpura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajendra Prasad, Sr. Advocate Mr. Deepak Kumar, Advocate For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2024 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Asthama P.S. Case No. 231 of 2023, lodged on 15.09.2023 under Sections 467/468/471/419/420/379/411/34 of the Indian Penal Code and under Section 66(C) (D) of I.T. Act.
3. As per the prosecution, FIR has been lodged against four named and one unnamed accused persons. As per the allegation it has been alleged that the present petitioner is involved in committing Thuggy on mobile with the different persons.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The
Patna High Court CR. MISC. No.7432 of 2024(3) dt.16-04-2024 2/3 petitioner is in custody since 16.09.2023 having no criminal antecedent. Counsel submits that charge sheet has already been filed and petitioner is a student and his career shall ruin.
5. Learned counsel for the State opposes the prayer for bail and submits that on the previous occasion case diary was called for.
6. Upon perusal of the case diary it transpires to this Court that in the mobile of the petitioner there are 19 screenshots were recovered, by which it transpires that he is involved in convincing the different persons relating to transaction of money.
7. Upon the specific query of the Court that whether charges have been framed or not. Counsel for the petitioner submits that as per his knowledge charges have not been framed.
8. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail two months after framing of the charges, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bihar Sharif, in connection with Asthama P.S. Case No. 231 of 2023,
Patna High Court CR. MISC. No.7432 of 2024(3) dt.16-04-2024 3/3 subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:
(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T