Abhishek Kumar @ Chhotu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22292 of 2022 Arising Out of PS. Case No.-94 Year-2020 Thana- BIKRAM District- Patna ====================================================== Abhishek Kumar @ Chhotu Son of Samar Bahadur Singh Resident of Village - bajrean, P.s.- Sahar, Distt.- Bhojpur, Pin Code- 802208 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Prasad, Adv.
For the Opposite Party/s :
Mr. Md. Matloob Rab, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-09-2022 Learned counsel for the petitioner submits that due to inadvertence case number has been wrongly typed in paragraph no.3 of the main petition, therefore, he requested to make correction in the same.
Permission granted.
Learned counsel for the petitioner is directed to correct the same in course of the day.
Let the defect(s), 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 Bikram P.S. Case No. 94 of 2020, lodged under Section 379 of the Indian Penal Code.
Patna High Court CR. MISC. No.22292 of 2022(4) dt.15-09-2022 2/3 As per the prosecution case, the allegation of theft of tractor of the informant against unknown persons was made. Learned counsel for the petitioner submits that petitioner was remanded in this case from another case explained in paragraph no.3 of the petition. He further submits that nothing was recovered from the possession of petitioner, nor TIP has taken place. He further submits that petitioner is in custody since 15.09.2020 and charge sheet has already been filed in this case. He further submits that other co-accused have been granted bail by the Co-ordinate Bench of this Court vide orders dated 03.02.2022 & 25.04.2022 passed in Cr. Misc. Nos. 28545 of 2021 & 14692 of 2022 respectively.
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.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Danapur, Patna in connection with Bikram P.S. Case No. 94 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:
Patna High Court CR. MISC. No.22292 of 2022(4) dt.15-09-2022 3/3 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 be resulted into cancellation of his bail bond.
B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) ritik/- U T