Sintu Kumar @ Abhishek Kumar @ Avinash Kumar @ Sinti Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23286 of 2022 Arising Out of PS. Case No.-27 Year-2018 Thana- GAIGHAT District- Muzaffarpur ====================================================== Sintu Kumar @ Abhishek Kumar @ Avinash Kumar @ Sinti Kumar S/O Late Satyendra Prasad Kuer R/o village- Chandrahas Nagar Jarang, P.S.- Gaighat, District- Muzaffarpur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Advocate.
For the Opposite Party/s :
Mr. Arun Kumar Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-07-2022 Let the defect, 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 Gaighat P.S. Case No. 27 of 2018 (G.R. No. 545 of 2018) lodged under Sections 392 of the Indian Penal Code. As per the prosecution story the informant was on the pick-up truck loaded with grocery items which was overtaken by a green Maruti Alto car. It has been alleged that three persons overpowered the informant and forcibly dragged him from pickup van, the informant and his co-passenger were administered intoxicating materials and they were thrown out of the Alto Car
Patna High Court CR. MISC. No.23286 of 2022(2) dt.28-07-2022 2/3 near Jarang Chowk on N.H.-57.
It has been submitted by the petitioner that this case has been lodged against three unknown persons. Petitioner is not named in the F.I.R. His name has figured in this case by virtue of the confessional statement of one Subham Kumar who is accused of Gaighat P.S. Case No. 266 of 2017. Learned counsel for the petitioner submits that the petitioner is in custody since 21.09.2021. He further submits that the co-accused persons, whose cases are similarly situated, have been granted bail by the Co-ordinate Bench of this Court vide order dated 03.10.2018 and 09.10.2018 passed in Cr. Misc. No.49392 of 2018 and Cr. Misc. No. 59138 of 2018 respectively. On the point of antecedent learned counsel for the petitioner further submits that his name has figured in two more cases and he is ready to fulfill the conditions whatever it may be imposed by the Court. Learned counsel for the State opposes the prayer for bail.
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.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Court of 9th Additional Sessions
Patna High Court CR. MISC. No.23286 of 2022(2) dt.28-07-2022 3/3 Judge, Muzaffarpur in Sessions Trial No. 61 of 2019 in connection with Gaighat P.S. Case No. 27 of 2018, 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 resulted into cancellation of his bail bond.
B. One of the bailor shall be close relative who shall file affidavit before the court about his relation 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 bail bond.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) guddu/- U T