Arun Kumar @ Arun Nath Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21923 of 2022 Arising Out of PS. Case No.-27 Year-2015 Thana- NOKHA District- Rohtas ====================================================== ARUN KUMAR @ ARUN NATH SINGH SON OF ASHOK CHAUHAN R/O VILLAGE- BHUARA, DIYADIH, WARD NO.-8, P.S.- ROHTAS, DISTRICT- ROHTAS AT SASARAM ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghunandan Kumar Singh, Advocate For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-07-2022 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 395 of the Indian Penal Code and Section 25(1-b)a/26/27/35 of the Arms Act.
Informant has alleged in his fardbeyan that on 04.02.2015 at about 6.30 PM, while he was at his shop, four unknown persons entered into his shop and on the point of pistol looted away cash Rs. 20,000/-, which was kept in the box. It has been submitted on behalf of the petitioner that petitioner is not named in the FIR. His name has surfaced in this case only on the basis of confessional statement of co-
Patna High Court CR. MISC. No.21923 of 2022(2) dt.18-07-2022 2/3 accused Satyendra Singh, except said confessional statement there is no any other incriminating material against petitioner. Nothing has been recovered from his possession. Charge sheet has already been submitted in this case. Similarly situated coaccused, namely, Lal Jee Singh has been granted bail by a coordinate Bench of this Court as contained in Annexure-2. Petitioner is in custody since 21.01.2022.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Sasaram, Rohtas, in connection with Nokha P.S. Case No. 27 of 2015, subject to conditions that:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and his absence on
Patna High Court CR. MISC. No.21923 of 2022(2) dt.18-07-2022 3/3 two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Rajiv/veenaU