Anshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14881 of 2022 Arising Out of PS. Case No.-144 Year-2021 Thana- BANGAWON District- Saharsa ====================================================== Anshu Kumar, Son of Shiv Nandan Yadav Resident of Village - Rahuamani, P.s.- Bangaon, Distt.- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Suman Kumari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-08-2022 Heard Mr. Amresh Kumar Sinha, learned counsel appearing on behalf of the petitioner and Ms. Suman Kumari Singh, learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Bangaon P.S. Case No. 144 of 2021, for the offence punishable under Section 394 of the Indian Penal Code.

The prosecution case, in brief, is that the F.I.R. is against unknown lodged by the informant, who has alleged that while he was going towards his house in the meantime, two unknown miscreants looted Rs. 150/- from the informant. Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the F.I.R. the petitioner has been made accused in the present case due to

Patna High Court CR. MISC. No.14881 of 2022(2) dt.23-08-2022 2/3 enmity. The petitioner has no criminal antecedent and he is in custody since 30.10.2021 but till date he has not been put on T.I.P.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the rival submission of the parties, the petitioner is not named in the F.I.R. and the period of custody undergone by the petitioner, without going into the merits of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-I, Saharsa in connection with Bangaon P.S. Case No. 144 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

Patna High Court CR. MISC. No.14881 of 2022(2) dt.23-08-2022 3/3

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(5) The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically loose its force.

(Purnendu Singh, J) manish/- U T