Suman Thakur @ Krishna Mohan Bhardwaj @ Krishna Mohan Bhandari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23803 of 2025 Arising Out of PS. Case No.-227 Year-2023 Thana- SINGHWARA District- Darbhanga ====================================================== Suman Thakur @ Krishna Mohan Bhardwaj @ Krishna Mohan Bhandari S/O Jitendra Kumar Sharma @ Jyoti Thakur Resident Of Village- Brahampur, Police Station- Kamtaul, District- Darbhnaga ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
2. Petitioner seeks bail in connection with Singhwara P.S. Case No. 227 of 2023 registered for the offences under Sections 394 of the Indian Penal Code.
3. The accused/petitioner is not named in the First Information Report and is in custody since 20.01.2025.
4. The allegation against the petitioner is to commit robbery along with other co-accused persons and while committing so looted case of Rs. 15,000/- along with one Samsung Tab and purse containing Rs. 2,000/- belonging to informant.
5. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.23803 of 2025(4) dt.25-07-2025 2/3 petitioner submitted that name of petitioner transpired in present case on the basis of CCTV footage as he along with other co-accused persons found roaming in nearby area of the occurrence. It is submitted that the face of accused person was not visible as it was masked but on instance of unknown co-villagers, he along with other coaccused persons was identified. It is further pointed that nothing has been recovered from possession of the petitioner and he was also not put on TIP as yet.
6. While concluding the argument, it is submitted that investigation of this case is already completed, and as such there is no chance of tampering with the evidence. It is pointed out that in present case, charge-sheet was submitted without compliance of Section 65B of Indian Evidence Act.
7. Learned APP opposes the prayer of bail.
8. In view of aforesaid factual submission and by taking note of the fact as nothing incriminating appears prima facie recovered from conscious physical possession
Patna High Court CR. MISC. No.23803 of 2025(4) dt.25-07-2025 3/3 of the petitioner, coupled with fact that charge-sheet has already been submitted, where petitioner is in custody since 20.01.2025, accordingly, petitioner above named, is directed to be released on bail in connection with Singhwara P.S. Case No. 227 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- IV, Darbhanga/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS, subject to further condition:- "(i) That accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents."
(Chandra Shekhar Jha, J) Rajeev/- U T