Satyam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22310 of 2022 Arising Out of PS. Case No.-101 Year-2020 Thana- ARIYARI District- Sheikhpura ====================================================== Satyam Kumar Son of Vijay Prasad @ Vijay Kumar Resident of Village - Parwatti, P.S. - Sahpur O.P., District - Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brajesh Kumar Chopra, Adv.
For the Opposite Party/s :
Mr. Lalan Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2022 Let the defect, 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 G.R. No. 1054 of 2020 arising out of Ariyari P.S. Case No. 101 of 2020 lodged under Sections 392/411 of the Indian Penal Code.
The allegation as per the prosecution is of robbery by 3 unknown persons.
Learned counsel for the petitioner submits that petitioner is not named in the F.I.R., his name has figured in this case by virtue of confessional statement of co-accused namely Rishav Raj. He further submits that nothing has been recovered
Patna High Court CR. MISC. No.22310 of 2022(3) dt.11-08-2022 2/3 from the possession of petitioner nor TIP has taken place in this case. He further submits that the said Rishav Raj, co-accused on whose statement name of petitioner has figured in the F.I.R. has been granted bail by the Co-ordinate Bench of this Court vide order dated 02.12.2021 passed in Cr. Misc. 34383 of 2021. He further submits that petitioner is in custody since 15.02.2022. On the point of his three criminal antecedents, learned counsel for the petitioner submits that in one case he has been acquitted and in rest two cases he is on bail. He assured to this Court that petitioner shall ready to fulfill all the conditions which shall be imposed upon him for granting bail.
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 C.J.M., Sheikhpura in connection with G.R. No. 1054 of 2020 arising out of Ariyari P.S. Case No. 101 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall
Patna High Court CR. MISC. No.22310 of 2022(3) dt.11-08-2022 3/3 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 resulted into cancellation of his bail bond.
B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.
C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) ritik/- U T