Milan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19523 of 2022 Arising Out of PS. Case No.-14 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Milan Kumar S/o Sunil Ray @ Sunil Kumar Ray Resident of Village Chhitraur, Ward No. 09, P.S. - Matihani, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-08-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State in virtual court proceeding. Petitioner seeks bail in a case registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code.

The F.I.R. of the occurrence of theft is against unknown.

Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely implicated in the present case only on the basis of suspicion. He further submits that in fact the petitioner is not named in the

Patna High Court CR. MISC. No.19523 of 2022(2) dt.05-08-2022 2/3 F.I.R. and the name of the petitioner has been transpired during investigation. Further submits that nothing has been recovered from the conscious possession of the petitioner and it appears of the seizure list that recovery has been made from the open place and the petitioner has no concern at all with the alleged recovery and the petitioner is in custody since 10.01.2022. Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Nagar P.S. Case No. 14 of 2022, with the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.19523 of 2022(2) dt.05-08-2022 3/3

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T