Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12135 of 2022 Arising Out of PS. Case No.-20 Year-2022 Thana- GORAUL District- Vaishali ====================================================== Suraj Kumar Son of Suresh Giri Resident of Village- Kiratpur Raja Ram (Ratanpura), Police Station- Bhagwanpur, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-07-2022 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 Goraul P.S. Case No. 20 of 2022 registered for the offence under Sections 392 and 411 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 16.01.2022.

The allegation against the petitioner is to commit robbery and while committing so, taken away golden chain (Dholna) of the informant, alongwith other co-accused persons. Learned counsel appearing on behalf of the petitioner submitted that the stolen article i.e., gold chain, recovered from

Patna High Court CR. MISC. No.12135 of 2022(2) dt.12-07-2022 2/3 co-accused, namely, Vikash Kumar, as per seizure list. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State while opposing the prayer of bail fairly conceded that recovery is from the co-accused, as per seizure list.

Considering the facts and circumstances as mentioned above, as the recovery of gold chain is from co-accused, namely, Vikash Kumar coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Goraul P.S. Case No. 20 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- 1st, Vaishali at Hajipur/concerned Court, subject to the following conditions:

"(i) 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

Patna High Court CR. MISC. No.12135 of 2022(2) dt.12-07-2022 3/3 exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.

(ii) That one of the bailors shall be Kamini Devi, who is the mother of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) Ankit/- U T