Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16513 of 2022 Arising Out of PS. Case No.-144 Year-2020 Thana- BALIGAON District- Vaishali ====================================================== SURAJ KUMAR SON OF BISWANATH RAI Resident of Village - Nirpur, Kusahi, P.s.- Patepur, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioners has preferred this application for grant of regular bail in a case registered u/s 392 and 411 of the Indian Penal Code.

As per the prosecution case, Rs. 1,36,030/-, Aadhar Card, Pan Card, Bank ID Card, a keyboard and monitor were looted by three unknown miscreants boarded on a motorcycle on the gun point from the informant and his staff.

Patna High Court CR. MISC. No.16513 of 2022(3) dt.25-08-2022 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The name of the petitioner has surfaced during the course of investigation. No T.I.P. was conducted by the prosecution. The petitioner is in custody since 20.02.2021.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that as per the impugned order a country-made loaded katta, a live cartridge and a motorcycle were recovered from the possession of the petitioner.

Considering the aforesaid facts and circumstances of this case as well as the period of detention, the petitioner is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Baligaon P.S. Case No. 144 of 2020, with a condition:-

Patna High Court CR. MISC. No.16513 of 2022(3) dt.25-08-2022 3/3

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled by the concerned Court.

The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T