Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10892 of 2024 Arising Out of PS. Case No.-28 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== Bablu Kumar, Son of Bhushan Prasad Singh Resident of Vill.- Fatehpur Bala, P.S.- Musarigharari, Dist.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy, Adv.

For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Tajpur (Waini O.P.) P.S. Case No. 28 of 2023, lodged on 17.01.2023 under Sections 392 of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against three unknown accused persons against whom the allegation of loot is there in the FIR.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the name of the petitioner has been figured in this case only by virtue of confessional statement of the coaccused. Counsel further submits that nothing incriminating was recovered from the possession of the petitioner nor he was put

Patna High Court CR. MISC. No.10892 of 2024(2) dt.22-02-2024 2/3 on TIP.

5. Learned counsel for the petitioner submits that the antecedent of the petitioner is not clean and there are two criminal cases pending against him in which he is on bail. The petitioner is in custody since 06.06.2023 in the present case.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Samastipur in connection with Tajpur (Waini O.P.) P.S. Case No. 28 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

Patna High Court CR. MISC. No.10892 of 2024(2) dt.22-02-2024 3/3 (iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

8. However, the petitioner shall be granted bail only 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)- Samastipur (Muffassil) P.S. Case No. 95 of 2023. (II)-Samastipur(Muffassil) P.S. Case No. 121 of 2023. (Dr. Anshuman, J.) Divyansh/- U T