Arbind Kumar @Naga @Nagwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23430 of 2022 Arising Out of PS. Case No.-85 Year-2021 Thana- PATORI District- Samastipur ====================================================== Arbind Kumar @ Naga @ Nagwa Son of Ramdeo Rai, Resident of Village - Mahnar Tola, P.S.- Mahnar, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-11-2022 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 Patori (Mohanpur O.P.) P.S. Case No. 85 of 2021 lodged under Section 395 of the I.P.C.

As per prosecution, the case has been filed against 3 unknown criminals who have committed robbery and snatched the articles of the informant.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that nothing incriminating has recovered from the possession of the petitioner and he was not put on T.I.P..

Patna High Court CR. MISC. No.23430 of 2022(3) dt.03-11-2022 2/3 Learned counsel further submits that there are 3 criminal antecedents of the petitioner and he is on bail in all 3 cases. He further submits that petitioner is in custody since 30.11.2021. Learned counsel for the State opposes the prayer for bail and submits that petitioner is not a man of clean antecedent. 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 J.M.Ist Class, Samastipur in connection with Patori (Mohanpur O.P.) P.S. Case No. 85 of 2021, 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 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 an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of

Patna High Court CR. MISC. No.23430 of 2022(3) dt.03-11-2022 3/3 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.) ravishankar/- U T