Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30847 of 2021 Arising Out of PS. Case No.-381 Year-2020 Thana- ARWAL District- Jehanabad ====================================================== PINTU KUMAR S/o Late Govind Hari Singh @ Govinddhari Singh R/o village- Sarwan, P.S.- Rampur Chauram, Distt.- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nitya Nand Neeraj, Adv.

For the Opposite Party/s :

Mr. Md. Nazir Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-11-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Arwal P.S. Case No. 381 of 2020 registered for the offence under Sections 461 and 379 of the Indian Penal Code. The case relates to theft of shop-hold articles including cash of Rs. 80,000/- Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. In fact, the petitioner has not been named in the F.I.R. and merely on the basis of confessional statement of the co-accused, namely, Nawab Alam, name of this petitioner has surfaced in this case. No incriminating

Patna High Court CR. MISC. No.30847 of 2021(2) dt.25-11-2021 2/3 article has been recovered from the conscious possession of the petitioner. Moreover, the co-accused, namely, Abhay Kumar @ Mutar, having more of less similar allegation, has already been granted bail by the court below itself, which is evident from the Annexure-2. The petitioner is rotting in judicial custody since 08.02.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Arwal in connection with Arwal P.S. Case No. 381 of 2020 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to

Patna High Court CR. MISC. No.30847 of 2021(2) dt.25-11-2021 3/3 move for cancellation of bail.

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 antecedent, 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) braj/- U T