Bharat Kumar v. The State Of Bihar.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3490 of 2022 Arising Out of PS. Case No.-196 Year-2021 Thana- CHAUTHAM District- Khagaria ====================================================== Bharat Kumar, aged about 25 years, Male Son of Dashrath Singh, Resident of Village - Lagma, P.S.- Chautham, District- Khagaria. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office be removed within a period of four weeks from today. The petitioner seeks bail in connection with Choutham P.S. Case No. 196 of 2021 registered for the offences punishable under Sections 395 and 412 of the Indian Penal Code.

The prosecution case is that some miscreants committed Dacoiti in the house of the informant and during investigation the name of the petitioner came up as one of the accused persons and some stolen property was allegedly recovered from the petitioner.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.3490 of 2022(2) dt.06-06-2022 2/3 the FIR was registered against unknown and no stolen property has been recovered from the possession of the petitioner. No Test Identification Parade has been conducted. Merely on the basis of suspicion and the statement of co-accused, the petitioner has been made accused. The petitioner is in custody since 25.09.2021. Petitioner has got no criminal antecedent and he has got job in Railways last year. One of the co-accused namely, Girish Singh has been granted the privilege of anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 20802 of 2022 on 13.05.2022.

Having regard to the aforesaid submissions, considering the clean antecedent and the period of custody, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Khagaria in connection with Choutham P.S. Case No. 196 of 2021, subject to the following conditions: (i) One of the bailors will be a close relative of the petitioner, preferably one of his parents.

(ii) The petitioner will remain present on each and every date fixed by the court below and will not delay the trial. (iii) In case of absence for three consecutive dates or

Patna High Court CR. MISC. No.3490 of 2022(2) dt.06-06-2022 3/3 in violation of the terms of the bail, his bail bond will be liable to be cancelled by the Court concerned.

(Arun Kumar Jha, J) Anand Kr.

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