Kumud Kumar @ Sumodh Kumar @ Engineer @ Samod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16353 of 2022 Arising Out of PS. Case No.-202 Year-2020 Thana- DARPA District- East Champaran ====================================================== KUMUD KUMAR @ SUMODH KUMAR @ ENGINEER @ SAMOD KUMAR S/O RAMESHWAR SAH @ RAMESHWR PRASAD R/o VillageLakhaura, P.S.- Lakhaura, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisuzzoha, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-07-2022 Heard learned counsel for the parties through video conferencing in view of the COVID 19.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is in judicial custody in connection with Darpa P.S. Case No. 202 of 2020 for the offences under Section 392 of the Indian Penal Code.
Allegation in the FIR is that he tried to loot the informant and in the process took away around one lakh as also the tablet and bio-metric device. The petitioner upon arrest has confessed to the crime before the police.
Learned counsel for the petitioner submits that chargesheet stands submitted and he has suffered a lot by being
Patna High Court CR. MISC. No.16353 of 2022(2) dt.15-07-2022 2/3 in jail since 29.07.2021(as stated in paragraph-12 of the bail application). He however, admits that the petitioner has criminal antecedent which reflects from paragraph-3 of the bail application.
Taking into account the aforesaid facts that chargesheet stands submitted and he is in jail since 29.07.2021, this Court is inclined to grant him privilege of bail but with strict conditions in view of the fact that he has criminal antecedent of the same nature that he is having. Let the petitioner be released on bail on furnishing bail bond of Rs. 15,000/- (Fifteen Thousand) with two sureties of like amount each to the satisfaction of Judicial Magistrate, 1st Class, Raxual at Motihari in connection with Darpa P.S. Case No. 202 of 2020, subject to the following conditions. (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall appear before the concerned police
Patna High Court CR. MISC. No.16353 of 2022(2) dt.15-07-2022 3/3 station every fortnight for next six months to mark his presence; (iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Jagdish/- U T