Mohit Kumar Dutta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13119 of 2023 Arising Out of PS. Case No.-506 Year-2022 Thana- SHASTRINAGAR District- Patna ====================================================== Mohit Kumar Dutta Son Of Gangadhar Dutta R/O House No. 24, Road No. 2, Gandhi Murti, East Patel Nagar, P.S.- Shastrinagar, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-05-2023 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 18.10.2022 in connection with Shastrinagar P.S. Case No. 506 of 2022, F.I.R. dated 18.08.2022 for the offences punishable under Section 394 of the Indian Penal Code and Section 27 of the Arms Act.

According to prosecution case, two people riding a motorcycle came and started snatching the mobile phone of the informant but when the informant protested they fired a bullet which hit the informant above the foot and he sustained injury. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.13119 of 2023(2) dt.09-05-2023 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 on the basis of self confessional statement of the petitioner which was recorded in Shastrinagar P.S. Case No. 514 of 2022. He further submits that except the self confessional statement of the petitioner, no cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that nothing has been recovered from the conscious possession 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. The petitioner is in custody since 18.10.2022. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries 4 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 Sub Judge cum Additional Chief Judicial Magistrate IX, Patna in

Patna High Court CR. MISC. No.13119 of 2023(2) dt.09-05-2023 3/3 connection with Shastrinagar P.S. Case No. 506 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