Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24811 of 2024 Arising Out of PS. Case No.-290 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Sandeep Kumar Son Of Sunil Paswan Resident Of Village - Chanda, P.S. - Koilwar, District - Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Udwantnagar P.S. Case No. 290 of 2023 instituted for the offences punishable under Section 392 of the Indian Penal Code.

3. As per prosecution case, the allegation against three unknown miscreants is that they boarded on a motorcycle came and snatched the bag of informant containing laptop, bio-metric machine and Rs. 55,430/-.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to high handedness of

Patna High Court CR. MISC. No.24811 of 2024(2) dt.05-04-2024 2/3 police. Neither the petitioner is named in the F.I.R. nor put on T.I.P. Nothing has been recovered from the conscious possession of the petitioner. He has been remanded in this case from another case Sahpur P.S. Case No. 368 of 2023. The other coaccused namely, Chunnu Paswan @ Chunnu Kumar has already been granted bail by this Bench vide order dated 19.03.2024 passed in Cr. Misc. No. 15957 of 2024. Moreover, he is languishing in judicial custody since 30.09.2023.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case and submissions made on behalf of the petitioner as well as period of custody of the petitioner, let the above named petitioner be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Udwantnagar P.S. Case No. 290 of 2023.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet

Patna High Court CR. MISC. No.24811 of 2024(2) dt.05-04-2024 3/3 has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

8. Further, if the petitioner shall not appear before the learned trial Court for two consecutive dates without any valid reason, the bail bonds of the petitioner shall be cancelled by the trial Court.

(Ramesh Chand Malviya, J) lata/- U T