Alok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4839 of 2022 Arising Out of PS. Case No.-617 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== ALOK KUMAR Son of Ranveer Singh R/o Village- Rajdham, Ward No. 1, P.S.- Maheshkhunt, District - Khagaria at present residing in Village - Nagdah, Ward No. 10, House No. B.P. Sharma, P.S.- Muffasil, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Jha For the Opposite Party/s :
Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 01-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Muffasil (Singhaul) P.S. Case No. 617 of 2021 registered for the offences punishable under Sections 420, 385, 506 of Indian Penal Code.
As per prosecution case, there is allegation against the petitioner is that he representing himself as National Crime Investigation Bureau and are releasing money from public after putting them in fear. After getting informant a raiding team was
Patna High Court CR. MISC. No.4839 of 2022(3) dt.01-08-2022 2/3 constituted and informant alongwith other police officials proceeded and reached at Singhaul O.P. and seeing the police one person tried to escape, however, on chase he was apprehended. He disclosed his name as Alok Kumar and one identity card on his neck was found alongwith a black colour bag. On search one identity card, one mobile, Rs. 2500/- and some documents of National Crime Investigation Bureau was recovered.
Learned counsel for the petitioner submits that petitioner is in custody since 08.12.2021. Petitioner bears no criminal antecedent. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, keeping in view clean antecedent of the petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Patna High Court CR. MISC. No.4839 of 2022(3) dt.01-08-2022 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Muffasil (Singhaul) P.S. Case No. 617 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(iv) If the petitioner is found involved in similar nature of offences in future, the learned trial court shall be at liberty to cancel his bail bond.
(Alok Kumar Pandey, J) amitkr/- U T