Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10924 of 2022 Arising Out of PS. Case No.-68 Year-2021 Thana- PIRI BAZAR District- Lakhisarai ====================================================== PRINCE KUMAR SON OF SHRI SANJAY KUMAR VERMA R/O VILLAGE- MEDNI CHOUKI, P.S.- MEDNI CHOUKI, DISTRICTLAKHISARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Piri Bazar P.S. Case No.68 of 2021 registered for the offence under Section 382 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 22.07.2021.

The allegation against the petitioner is to commit dacoity in the house of the informant and while committing so, taken away mobile, golden ornaments, etc.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.10924 of 2022(2) dt.05-07-2022 2/3 submitted that name of the petitioner surfaced on the basis of confessional statement of co-accused in Piri Bazar P.S. Case No. 81 of 2021. It has further been submitted that nothing incriminating material was recovered from conscious physical possession of the petitioner, which may connect the petitioner with the present set of occurrence. It has further been submitted that the petitioner though alleged to be involved in 06 criminal cases, where in 03 cases, petitioner was neither named nor even remanded, wherein, in 03 cases at Sr. No. 1, 2 and 3, the petitioner is on bail, as mentioned in paragraph no.3 of the bail petition. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has already been submitted in this case, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded the fact that petitioner is not named in the FIR. Considering the facts and circumstances as mentioned above, as nothing incriminating is recovered or surfaced during course of investigation, which may connect the petitioner with the present occurrence of dacoity coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection

Patna High Court CR. MISC. No.10924 of 2022(2) dt.05-07-2022 3/3 with Piri Bazar P.S. Case No.68 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., II, Lakhisarai, subject to the following conditions: "(i)That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(iii) That one of the bailors shall be Dhananjay Kumar, who is the uncle of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) S.Katyayan/ R. S. Sen/- U T