Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 16574 of 2021 Arising Out of PS. Case No.-148 Year-2020 Thana- LADANIA District- Madhubani ====================================================== ARUN KUMAR Son of Shri Pawan Yadav Resident of Village- Barail, P.S.- Babubarhi, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Suresh Kumar, Advocate For the Opposite Party/s :

Mr Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 25-10-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner seeks bail in Ladaniya Police Station (for brevity, PS) Case No 148 of 2020 dated 24.07.2020 instituted for the offence punishable under Sections 395, 170/34 of Indian Penal Code.

It is alleged that the petitioner along with four accused persons, posing as police officials, intercepted the truck of the informant and looted cash, mobile phone and other articles. Learned counsel for the petitioner submits that there is general and omnibus allegation against the petitioner. No incriminating article has been recovered from his possession.

Patna High Court CR. MISC. No.16574 of 2021(2) dt.25-10-2021 2/3 Till date, no Test Identification Parade has been done. Petitioner is in custody since 26.07.2020. Similarly situated co-accused, namely, Keshaw Kumar @ Keshaw and Kishan Kumar @ Kishan Kumar Pradhan @ Kishan have already been granted bail by this Court in Cr Misc No 8028 of 2021 and Cr Misc No 7865 of 2021 respectively.

Learned APP has opposed the prayer for bail.

Having considered the rival submissions, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 01st Class, Madhubani in connection with Ladaniya PS Case No 148 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on

Patna High Court CR. MISC. No.16574 of 2021(2) dt.25-10-2021 3/3 each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T