Kishor Kumar Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8856 of 2023 Arising Out of PS. Case No.-453 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== Kishor Kumar Mehta S/o Hari Narayan Mehta R/o Tehri Mushari, P.S.- Forbesganj, Distt- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 15.09.2022 in connection with Forbesganj P.S. Case No. 453 of 2022, F.I.R. dated 28.04.2022 for the offences punishable under Section 392 of the Indian Penal Code.

According to prosecution case, four miscreants on three motorcycles surrounded the informant and his colleague and threatened them on gun point, snatched Rs. 1,35,966/- apart from mobile phone and other articles.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.8856 of 2023(2) dt.05-05-2023 2/3 petitioner has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis of the self confessional statement of the petitioner. He further submits that nothing has been recovered from the conscious possession or the house of the petitioner and and till date no T.I.P. has been conducted by the prosecution. He further submits that the police after investigation submitted the charge sheet against the petitioner. He further submits that similarly situated, co-accused, namely, Niraj Kumar Yadav @ Niraj Yadav @ Niraj Kumar has been granted bail by a Co-ordinate Bench of this Court vide order dated 03.05.2023 passed in Cr. Misc. No. 6828 of 2023. The petitioner is in custody since 15.09.2022.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries two criminal antecedents other than the present one.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief

Patna High Court CR. MISC. No.8856 of 2023(2) dt.05-05-2023 3/3 Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 453 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. 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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T