Sujit Kumar @ Sujit Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9270 of 2025 Arising Out of PS. Case No.-746 Year-2022 Thana- SONEPUR District- Saran ====================================================== Sujit Kumar @ Sujit Yadav, Male, aged about 35 years, S/O Vijay Yadav, resident of Mohalla -Karbighahya, P.S.- Jakanpur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Upendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Sonepur PS Case No.746 of 2022 dated 30.09.2022, instituted for the offence punishable under Section 392 of the Indian Penal Code.
3. The FIR is against three unknown persons with allegation of snatching the bag of gold of the informant.
4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR. FIR is against unknown. During investigation, Chotelal and Sunny Sahani were arrested, who disclosed the name of the petitioner. Learned counsel further submits that nothing has been recovered from the conscious possession of the petitioner. No test identification
Patna High Court CR. MISC. No.9270 of 2025(3) dt.15-05-2025 2/3 parade has been done till date. Further submission is that similarly situated co-accused Chhote Ranjan @ Chhotelal @ Guletiya and Sunny Kumar @ Sunny Sahani have been granted bail by a co-ordinate Bench of this Court by order dated 11.10.2023 and 02.04.2024 passed in Cr. Misc. No.64727 of 2023 and Cr. Misc. No.21328 of 2024 respectively. Lastly, it is submitted that the petitioner is in custody since 04.09.2024 and seven criminal cases are pending against the petitioner.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra, in Sonepur PS Case No.746 of 2022, subject to the conditions (i) that the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailor shall also state on affidavit that he will inform the
Patna High Court CR. MISC. No.9270 of 2025(3) dt.15-05-2025 3/3 court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) that 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 and (v) that the petitioner shall be released on bail on being satisfied by the trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows: (i) Patna GRP PS Case No.419 of 2009, (ii) Agamkuan (Patna) PS Case No.350 of 2015, (iii) Agamkuan (Patna) PS Case No.230 of 2016, (iv) Agamkuan (Patna) PS Case No.227 of 2016, (v) Agamkuan (Patna) PS Case No.140 of 2016, (vi) Jakkanpur (Patna) PS Case No.603 of 2022 and (vii) Phulwarisharif (Patna) PS Case No.1539 of 2022.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T