Sunil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24021 of 2021 Arising Out of PS. Case No.-119 Year-2020 Thana- KHIRI MORE District- Patna ====================================================== SUNIL KUMAR S/O LATE CHANDIP YADAV @ CHANDRADEEP YADAV @ CHANDRADEEP SINGH YADAV R/o village- Thakur Bigha Arari, P.S.- Daudnagar, District- Aurangabad- 824143. ... ... Petitioner.
Versus
THE STATE OF BIHAR ... ... Opposite Party.
====================================================== Appearance :
For the Petitioner :
Ms. Roona, Advocate.
For the State :
Mr. Upendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 20-12-2021 The applicant/accused in Crime No.119 of 2020 registered with Police Station-Khiri More for the offences punishable under Sections 411, 414 of the Indian Penal Code as well as under Sections 25(1-B)a/26 of the Arms Act, by this application is seeking his release on bail during the pendency of the trial.
Learned counsel appearing for the applicant argued that in respect of the very same incident, Kinjer Police Station is registered vide Crime No.57 of 2020 on 19.09.2020 itself wherein the applicant is released on bail. She produced the photocopy of the bail order passed by the learned Additional Sessions Judge-III, Jehanabad. It is argued that the applicant is behind the bars since last one year and three months and
Patna High Court CR. MISC. No.24021 of 2021(2) dt.20-12-2021 2/3 therefore he is entitled for bail. Learned counsel appearing for the applicant further argued that the applicant is not having any criminal antecedent.
Learned A.P.P. opposed the application.
Strangely, in this case, in respect of the very same incident of crime, two offences are registered, one is at Khiri More Police Station, which is subject matter of the instant application, whereas another is at Kinjer Police Station vide Crime No.57 of 2020, wherein the applicant is already directed to be released on bail by the learned Additional Sessions JudgeIII, Jehanabad. In this view of the matter, the following orders: (i). The application is allowed.
(ii). The applicant/accused in Crime No.119 of 2020 registered with Police Station-Khiri More for the offences punishable under Sections 411, 414 of the Indian Penal Code as well as under Sections 25(1-B)a/26 of the Arms Act, be released on bail on executing P.R. bond of Rs.10000/-(Rupees Ten Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: (I). The applicant should not extend any threat, promise or inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him
Patna High Court CR. MISC. No.24021 of 2021(2) dt.20-12-2021 3/3 from disclosing such facts to the Court or to any police officer.
(II). The applicant should cooperate the trial in expeditious disposal of the trial against him. (III). The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case.
The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the appellant/accused. (A. M. Badar, J) P.S./- U T