Chiranjivi Kumar @ Chiraiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11216 of 2022 Arising Out of PS. Case No.-577 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== CHIRANJIVI KUMAR @ CHIRAIYA, S/o Bhagatu Singh @ Bhantu Singh R/o village- Kapsya, P.S.- Begusarai Town, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Asha Devi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 14-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner, who is in custody since 02.11.2021, seeks regular bail in connection with Begusarai Town P.S. Case No. 577 of 2021 registered for offences punishable under Sections 394, 397 of the Indian Penal Code.

Prosecution story in brief is that the informant found her Almirah open and ten thousand rupees was stolen away from it. It is alleged that the accused persons had fired upon the husband of the informant and had fled away after committing the offence. FIR is against unknown.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.11216 of 2022(2) dt.14-06-2022 2/3 submits that petitioner is not named in the FIR and on mere suspicion, on the basis of confessional statement of one coaccused Mantu Kumar, he has been roped in the present case. Petitioner is in custody since 02.11.2021. He further submits that similarly situated one co-accused Ajay Sah @ Lalla has already been released on bail by a co-ordinate Bench of this Court vide order dated 07.06.2022 passed in Criminal Miscellaneous No. 8668 of 2022 and as such petitioner also deserves to be released on bail.

Learned A.P.P., for the State has vehemently opposed the prayer for grant of bail to the petitioner. Considering the nature of allegation made in the FIR which has been lodged by the informant against unknown, till date petitioner has not been put on T.I.P., charge-sheet has already been submitted and it is also not likely that trial will conclude in near future, taking into consideration the period of custody undergone by the petitioner, the petitioner, above named, is directed to be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 577 of 2021 subject to the

Patna High Court CR. MISC. No.11216 of 2022(2) dt.14-06-2022 3/3 following conditions:

(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.

(Purnendu Singh, J) Niraj/- U T