Kundan Sah @ Saurabh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15263 of 2022 Arising Out of PS. Case No.-78 Year-2019 Thana- TATARPUR District- Bhagalpur ====================================================== KUNDAN SAH @ SAURABH SAH Son of Ashok Sah, Resident of Village - Aliganj Gangti, P.S.- Mojahidpur (Babarganj), Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Prem Kumar Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sessions Case No. 258 of 2020 (arising out of Tatarpur (Vishwavidyalaya) P.S. Case No. 78 of 2019) lodged under Section 394 of Indian Penal Code.

Learned counsel for the petitioner submits that F.I.R. has been lodged against unknown person, his name has figured in this case on the basis of confessional statement of co-accused namely Sanoj Yadav and Pankaj Yadav and who have been granted bail by a co-ordinate Bench of this Court vide order dated 17.03.2020 passed in Cr. Misc. No. 74607 of 2019. He also submits that other co-accused persons namely Mithilesh Yadav and Kanhaiya Yadav @ Prabhunath Yadav were also

Patna High Court CR. MISC. No.15263 of 2022(2) dt.06-07-2022 2/3 granted bail by a co-ordinate Bench of this Court vide order dated 25.11.2019 passed in Cr. Misc. No.73062 of 2019. Learned counsel for the petitioner further submits that with a view to make an offence graver against him the police has remanded him in three cases after the arrest. Petitioner is in custody since 25.06.2020 and charge has already been framed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case that petitioner is in custody since 25.06.2020 and charge has already been framed in this case, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-10th, Bhagalpur in connection with Sessions Case No.258 of 2020, Tatarpur (Vishwavidyalaya) P.S. Case No. 78 of 2019, subject to the condition that one of the bailors shall be close relative of the petitioner.

The petitioner is directed to appear on each and every date before the Trial Court, in case of non-appearance for two consecutive dates, shall resulted into cancellation of his bail

Patna High Court CR. MISC. No.15263 of 2022(2) dt.06-07-2022 3/3 bond. If he shall involve in such type of activities again, the prosecution shall be at liberty to move for cancellation of his bail bond.

Accordingly, the bail application stands allowed. (Dr. Anshuman, J) ravishankar/ritik U T