Subhash Kumar @ Prem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12438 of 2023 Arising Out of PS. Case No.-469 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== SUBHASH KUMAR @ PREM KUMAR Son of Gajadhar Singh Resident of Village- Bhadan, P.S.- Tankuppa, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Kumar Pathak For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Wazirganj P.S. Case No. 469 of 2022, registered for the offences punishable under Sections 395, 397 of Indian Penal Code.

The informant is a truck driver. He proceeded to Gaya with consignments, some articles were unloaded in Gaya. Thereafter, he proceeded to Nalanda. On the way he took meals and thereafter he was proceeding to his destination, in the night by mistake he entered into sideways and when he was reversing his truck, some miscreants came there by a Scorpio and they forcibly made the informant captive. They took mobile-set of

Patna High Court CR. MISC. No.12438 of 2023(2) dt.15-05-2023 2/3 the driver.

The learned counsel for the petitioner has submitted that the petitioner is not arrested at the spot. Only a mobile set and one battery were recovered from the possession of the petitioner which belongs to him and it is not stolen property. He is under custody since 09.09.2022, and on similar footing coaccused Niraj @ Niraj Kumar have been granted bail by the coordinate Bench of this Court in Cr. Misc. No. 16913 of 2023. Considering the above-mentioned facts and circumstances, clean antecedents as well as the period of incarceration, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM Ist,Gaya in connection with Wazirganj P.S. Case No.

469 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available on each and every date of trial till framing of charge. In case of failure on two consecutive dates without any valid reason, the learned court below will be at liberty to cancel the bail bond of the petitioner.

(ii) If the petitioner is found involved in future in

Patna High Court CR. MISC. No.12438 of 2023(2) dt.15-05-2023 3/3 the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law. (Nawneet Kumar Pandey, J) Sudha/Sonali U T