Nandu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17968 of 2022 Arising Out of PS. Case No.-501 Year-2021 Thana- SONEPUR District- Saran ====================================================== Nandu Kumar S/O Shambhu Paswan, Residence of Village-Barbatta, Police Station-Sonepur, District Saran at Chapra.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Shambhu Prasad Yadav,Advocate For the Opposite Party/s :

Mr. Arun Kumar Sing,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sonepur P.S. Case No. 501 of 2021 lodged under Sections 341, 324, 326, 307, 447, 379 of the Indian Penal Code but later on Section 302/34 of I.P.C. have been added 05.09.2021. The allegation as per the prosecution is that the father of the informant used to run a Pan Gumti. On the night of 28.08.2021, the father of the informant was going to his house after closing his shop, in the meantime 3 unknown persons reached there and attacked on him by knife, snatched golden chain and Rs.5,000/- from his pocket, thereafter, they fled away. Learned counsel for the petitioner submits that F.I.R. has been lodged against 3 unknown persons. He submits that

Patna High Court CR. MISC. No.17968 of 2022(2) dt.21-07-2022 2/3 name of the present petitioner has figured in this case on the confessional statement of a co-accused. He further submits that petitioner is in custody since 05.09.2021, charge sheet has already been filed in this case and he has clean antecedent. He further submits that the petitioner and the informant belong to some police station but there is no eye witness of the alleged occurrence.

Learned counsel for the informant appeared in this case and submits that though F.I.R. has been lodged against unknown but name of the present petitioner has figured in this case by the confessional statement of the co-accused, therefore, case diary should be called for.

Learned counsel for the State opposes the prayer for bail.

Considering the 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.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran in connection with Sonepur P.S. Case No. 501 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

Patna High Court CR. MISC. No.17968 of 2022(2) dt.21-07-2022 3/3 The petitioner is directed to appear on each and every date before the Trial Court, in case of non-appearance for two consecutive dates, shall resulted into cancellation of his bail bond. The petitioner is also directed to file an affidavit that he shall not involve in any criminal activities in future, otherwise the prosecution shall be at liberty to move for cancellation of his bail bond.

With this observation, the bail application stands allowed.

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