Banty Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16877 of 2021 Arising Out of PS. Case No.-170 Year-2020 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Banty Kumar Son of Jayram Mandal Resident of Village - Nathnagar, Biharipur, P.S. - Nathnagar, District - Bhagalpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Apurva Kumar, Adv.
For the Opposite Party/s :
Mr. Pradeep Narayan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-10-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 392, 395 and 412 of the Indian Penal Code.
Some miscreants on the point of pistol snatched away Rs. 4500/- from the pocket of the informant.
Learned counsel for the petitioner submits that petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that on the basis of confessional statement of the co-accused, petitioner has been made accused in this case. He submits that nothing has been recovered from the conscious possession of the petitioner and no TIP has been done as yet. He submits that charge-sheet has already been submitted and there is no allegation of tampering
Patna High Court CR. MISC. No.16877 of 2021(3) dt.22-10-2021 2/3 with the prosecution witnesses by the petitioner. He further submits that petitioner bears three criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 05.09.2020.
Considering the facts and circumstances of the case and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jagdishpur (Goradih) P.S. Case No. 170 of 2020, subject to the conditions:
(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He 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 each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bonds shall be liable to be cancelled. (III) that the petitioner will mark his attendance in the local police station in the first week of every month till conclusion of trial, failing which the prosecution will be at
Patna High Court CR. MISC. No.16877 of 2021(3) dt.22-10-2021 3/3 liberty to move cancellation of his bail bond. (IV) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated 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 proceeding for cancellation of bail on the ground of misuse. (V) that the petitioner will appear before the concerned P.S. once in a month till conclusion of the trial. (Anjani Kumar Sharan, J) devendra/- U T