Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16069 of 2022 Arising Out of PS. Case No.-226 Year-2021 Thana- BATHNAHA District- Sitamarhi ====================================================== BITTU KUMAR, SON OF VIJAY RAY RESIDENT OF VILL - SURGAHIYA TOLA, P.S- PARIHAR, DIST.- SITAMARHI. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Bipin Chandra, Advocate For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-06-2022 Heard learned counsel appearing on behalf of the petitioner and 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 Bathnaha P.S. Case No. 226 of 2021, for the offence punishable under Section 392 of the Indian Penal Code.

As per allegation made in the F.I.R. 1,15,000/- was snatched by the unknown miscreants from the informant. Learned counsel appearing on behalf of the petitioner submits that petitioner is not named in the F.I.R. The name of the petitioner has surfaced on the basis of confessional statement of co-accused. Nothing has been recovered from the

Patna High Court CR. MISC. No.16069 of 2022(2) dt.16-06-2022 2/3 conscious possession of the petitioner. The petitioner has clean antecedent and he is in custody since 21.09.2021. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case, without going into the merits of the case taking into consideration the period of custody undergone by the petitioner, 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 C.J.M., Sitamarhi in connection with Bathnaha P.S. Case No. 226 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.

(4) If the petitioner is found involved in similar nature

Patna High Court CR. MISC. No.16069 of 2022(2) dt.16-06-2022 3/3 of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T