Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18488 of 2022 Arising Out of PS. Case No.-309 Year-2021 Thana- BHAGWANPUR District- Vaishali ====================================================== Sunil Kumar S/o Rajeshwar Sahani R/o village- Padmaul, P.S.- Kurhani, District- Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh, Advocate For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The petitioner is in custody in connection with Bhagwanpur P.S. Case No. 309 of 2021 under section 392 of the Indian Penal Code.

The allegation in the FIR is of snatching of Rs. 2100 in cash as also mobile and motorcycle. Accordingly, the FIR was lodged against unknown. During the investigation, one Prakash Kumar was taken into custody and on his confession, the name of the petitioner came into the light whereafter the police recovered mobile from his possession.

Learned counsel for the petitioner submits that for the

Patna High Court CR. MISC. No.18488 of 2022(3) dt.10-08-2022 2/3 said alleged act he has already suffered by being in jail since 23.01.2022 (as stated in para-14 of the bail application), chargesheet has been submitted and co-accused Prakash Kumar has since been granted the privilege of bail vide Cr. Misc. No. 16947 of 2022 on 18.7.2022.

Let the same be kept on record.

Taking into account the fact that the petitioner is a student and do have future, he is in jail since 23.01.2022 and charge-sheet stands submitted, this Court is inclined to grant him the privilege of bail.

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 learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection Bhagwanpur P.S. Case No. 309 of 2021 subject to the following conditions: (i) one of the bailors should be the family members 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;

Patna High Court CR. MISC. No.18488 of 2022(3) dt.10-08-2022 3/3 (iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence;

(iv) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(v) 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) Ravi/- U T