Sajjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9055 of 2022 Arising Out of PS. Case No.-24 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== Sajjan Kumar, aged about 18 years, Sex-Male, Son of Binod Yadav, Resident of village- Goudhela, P.S.- Madhepura, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in connection with Madhepura (Bharrahi O.P.) P.S. Case No. 24 of 2021 registered for the offence punishable under Section 394 of the Indian Penal Code.

The accusation against the accused petitioner is voluntarily causing heart while committing robbery with the other co-accused.

Learned counsel appearing on behalf of the petitioner submitted that the name of the petitioner surfaced on the basis of confessional statement of co-accused namely Rupesh Kumar, leading no recovery which may incriminate the accused petitioner in the present case. It has further been submitted that

Patna High Court CR. MISC. No.9055 of 2022(2) dt.07-06-2022 2/3 chargesheet has already been submitted and as such there is no chances of tampering with the evidence. As far criminal antecedent of the petitioner is concerned, it has been submitted that is most of the cases the name of the petitioner has been surfaced on the basis of confessional statement of co-accused. The petitioner is in custody since 26.07.2021. Learned APP appearing on behalf of the State while opposing the prayer for bail request to impose some regulatory conditions, considering the criminal antecedent of the petitioner.

Considering the facts and submissions as made above and as the name of accused/petitioner has been surfaced on the basis of confessional statement leading no recovery, coupled with the fact that the chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Madhepura (Bharrahi O.P.) P.S. Case No. 24 of 2021 on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura subject to the following condition:- "(i) That accused petitioner shall not involve in the similar nature of offence during the pendency of trial, if found

Patna High Court CR. MISC. No.9055 of 2022(2) dt.07-06-2022 3/3 so, the State shall be at liberty to move before the trial Court itself for cancellation of bail of the petitioner. (ii) That one of bailors shall be the close relative of the accused petitioner like father/mother/sister/brother. (iii) The accused petitioner shall be physically present on each and every date during trial, the exemption from the personal appearance be allowed only on the medical ground of the accused petitioner fully supported by documents". (Chandra Shekhar Jha, J) Anand Kr.

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