Roushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19720 of 2023 Arising Out of PS. Case No.-528 Year-2021 Thana- DUMRA District- Sitamarhi ====================================================== Roushan Kumar Son Of Raj Kumar Das Resident Of Village - Prayag Chak Aaray, P.S.- Aurai, Dist.- Muzaffarpur, Bihar. ... ... Petitioner/S

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Prasad, Adv.

For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-03-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Dumra P.S. Case No. 528 of 2021 lodged under Section 414 of the I.P.C. and Sections 25(1-B)a, 26 of the Arms Act. Learned counsel for the petitioner submits that vide order dated 12.08.2022, the bail application was rejected with the liberty that the petitioner may renew his prayer for bail after completion of one year and after framing of charge. Counsel submits that vide Annexure-3, it is crystal clear that charge has already been framed against the petitioner in this case.

Patna High Court CR. MISC. No.19720 of 2023(2) dt.29-03-2023 2/3 Learned counsel for the State submits that from the record it transpires that charge has been framed. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, Sitamarhi in connection with Dumra P.S. Case No. 528 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present

Patna High Court CR. MISC. No.19720 of 2023(2) dt.29-03-2023 3/3 bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Ashishsingh/- U T