Raju Kumar @ Raju Kushwaha @ Raju Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21212 of 2022 Arising Out of PS. Case No.-275 Year-2019 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Raju Kumar @ Raju Kushwaha @ Raju Singh S/O Late Ashrafi Mahto Resident of Village- Kohbarwa, P.S.- Sonbarsa, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 19-07-2022 Let the defects, if any, be removed within four weeks from today.

Heard Mr. Uday Kumar, learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered in connection with Runnisaidpur P.S.Case No. 275 of 2019 punishable under Section 392 of the Indian Penal Code. As per the prosecution case, it is alleged that while the informant was on the way, four miscreants stopped him and snatched his motorcycle and mobile phone.

It is submitted by the learned counsel for the

2/4 petitioner that FIR has been instituted against four unknown miscreants. However, during the course of investigation, one co-accused namely, Deepak Kumar @ Lakhan was apprehendede and on whose confession, the name of the petitioner transpired in this case. It is next submitted that the petitioner was arrested in connection with Bathanaha P.S.Case No. 181 of 2021and thereafter he was remanded in six other criminal cases. It is also submitted that only because of the past criminal antecedent of the petitioner, he is being implicated in various cases, which is mentioned in para-3 of the petition. It is next submitted that nothing has been recovered from person and possession of the petitioner and he is in custody since 24.11.2021.

On the other hand, learned counsel for the State opposed the bail application of the petitioner and submits that there is multiple criminal antecedent of the petitioner. Having heard the rival contentions of the parties and taking into consideration that other co-accused persons whose name has come in the confessional statement have been granted bail by different Benches of this Court and petitioner is in custody since 24.11.2021, let the petitioner,

3/4 above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S.Case No. 275 of 2019 subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(v) 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 cancelling of

4/4 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 (Harish Kumar, J) N.K/- U T