Aditya Raj @ Sonu Kumar @ Aditya Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6012 of 2024 Arising Out of PS. Case No.-231 Year-2023 Thana- KURSAILA District- Katihar ====================================================== Aditya Raj @ Sonu Kumar @ Aditya Kumar Son of Late Brajesh Singh R/OSapha, P.S.-Tikkapatti, Distt-Purnia ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prem Ranjan Raj, Advocate For the Opposite Party/s :
Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-02-2024
1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today.
3. The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Kursela P.S. Case No. 231 of 2023 registered for the offences punishable under Section 356 & 379 of the Indian Penal Code.
4. The allegation against the petitioner is to snatch a bag from possession of informant having one gold mangalsutra worth Rs. 50,000/-, silver payal of 60 grams, ATM card, passbook of SBI, birth certificate of daughter of informant
Patna High Court CR. MISC. No.6012 of 2024(2) dt.17-02-2024 2/3 and cash of Rs 6,000/-.
5. Learned counsel appearing on behalf of the petitioner submitted that petitioner and informant are very old friend since their school days. It is submitted that co-accused Banty Kumar was also their common friend. It is also pointed out that friendly relations of petitioner with informant was not accepted by her parents and therefore present false implication were raised. It is submitted that till now no recovery of any item specified through F.I.R. was made from petitioner. While concluding the argument it is submitted that petitioner is a man of clean antecedent and moreover motorcycle in issue belongs to co-accused Banty Kumar, who is now on bail.
6. Learned APP appearing on behalf of the State, while opposing the prayer for bail submitted that co-accused Banty Kumar, was granted regular bail by learned Chief Judicial Magistrate, Katihar.
7. In view of the facts and circumstances and by taking note of the fact that motorcycle in issue was recovered from co-accused Banty Kumar, where petitioner appears in previous enmity with informant and her family, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is
Patna High Court CR. MISC. No.6012 of 2024(2) dt.17-02-2024 3/3 directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar/concerned Court below where the case is pending in connection with Kursela P.S. Case No. 231 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further following conditions:- (a) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.
(b) One of the bailors shall be close relative of the petitioner.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T