Sumit Kumar Alias Sumit Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.801 of 2022 Arising Out of PS. Case No.-229 Year-2019 Thana- BAKHTIYARPUR District- Patna ====================================================== PAREM KUMAR @ DHANANJAY KUMAR @ DHANANJAY YADAV @ P. K. YADAV @ PREM KUMAR Son of Ramdayal Ray Resident of VillageHakikatpur, P.S.- Bakhtiyarpur, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 6503 of 2022 Arising Out of PS. Case No.-229 Year-2019 Thana- BAKHTIYARPUR District- Patna ====================================================== SUMIT KUMAR ALIAS SUMIT PASWAN Son of Sufendra Paswan @ Sofendra Paswan Resident of Village - Belthan, P.O. and P.S.- Bakhtiyarpur, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 10830 of 2022 Arising Out of PS. Case No.-229 Year-2019 Thana- BAKHTIYARPUR District- Patna ====================================================== VIKKY KUMAR @ VIKASH SONAR @ SURAJ KUMAR VERMA Son of Ramesh Prasad Resident of Village - Hakikatpur , P.s.- Bakhtiyarpur, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 801 of 2022) For the Petitioner/s :
Mr.Manoj Kumar Pandey For the Opposite Party/s :
Mr.A.G.
(In CRIMINAL MISCELLANEOUS No. 6503 of 2022) For the Petitioner/s :
Mr.Manoj Kumar Pandey For the Opposite Party/s :
Mr.A.G (In CRIMINAL MISCELLANEOUS No. 10830 of 2022) For the Petitioner/s :
Mr.Suraj Kumar
2/4 For the Opposite Party/s :
Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-07-2022 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 petitioners and learned A.P.P. for the State.
The petitioners seek bail in connection with Sessions Trial No. 376/2020 arising out of Bakhtiyarpur P.S. Case No. 229 of 2019 registered for the offences punishable under Sections 395 and 412 of the Indian Penal Code. As per prosecution case, in brief, on 15.07.2019 at about 08:00 PM three suspicious persons namely Nepali, Saurabh Kumar and Chandan Kumar were walking around informant namely Hasan Ansari. About about 09:00 PM after closing the shop the informant was going to his house by his Jupiter TVS Scooty with his staff and after travelling some distance 3-6 unknown persons armed with pistol stopped his Scooty and they slammed and started beating by butt of the pistol as a result of that he sustained injury and his staff also failed down and thereafter two persons took away informant's Jupiter TVS Scooty and others ran away after making open fire. It has further been alleged that the miscreants also snatched Rs.
3/4 1,65,000/- from the possession of the informant. Learned counsel for the petitioners submits that petitioner namely Parem Kumar alias Dhananjay Kumar is in custody since, 21.11.2019, petitioner namely Sumit Kumar alias Sumit Paswan is in custody since 08.01.2020 and petitioner namely Vikky Kumar alias Vikash Sonar is in custody since 12.02.2020. Petitioners bear criminal antecedent of many cases. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that the names of present petitioners have been transpired on the self confessional statement of the petitioners as mentioned in Para 44 of the case diary. No incriminating material has been recovered from the possession of the present petitioners. No TIP has been made. Petitioners are not named in the F.I.R. The petitioners are being implicated in this case merely on suspicion. Noting incriminating article or looted motorcycle has been recovered either from the possession or from the house of the petitioners.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioners.
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
4/4 prosecution evidence, argument advanced on behalf of the parties and also taking into consideration the material available on record, let the petitioners above named be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Barh, District Patna in connection with Sessions Trial No. 376 of 2020 arising out of Bakhtiyarpur P.S. Case No. 229 of 2019, 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) Petitioners will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) amitkr/- U T