Rishi Kumar @ Rishant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23498 of 2022 Arising Out of PS. Case No.-101 Year-2021 Thana- PATRAKARNAGAR District- Patna ====================================================== Rishi Kumar @ Rishant Kumar Son Of Sri Ashok Kumar Sinha, R/OVillage- Bhutnath Road, L.I.G. Block-9, Sector-6, P.S.- Agam Kuan, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Madhura Nand Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-08-2022 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 Patrakar Nagar P.S. Case No. 101 of 2021 lodged under Section 394 of the Indian Panel Code.

Learned counsel for the petitioner submits that the present case was originally filed against unknown persons. Learned counsel for the petitioner further submits that petitioner is remanded in this case on 21.08.2021. He further submits that neither T.I.P. has taken place nor any incriminating article recovered from the possession of the petitioner. On the point of

Patna High Court CR. MISC. No.23498 of 2022(2) dt.04-08-2022 2/3 his criminal antecedent, learned counsel for the petitioner submits that he is ready to fulfill all the conditions whatever shall be imposed by the Court upon him.

Learned counsel for the State opposes the prayer for bail and submits that in case bail shall be granted, there is a chance that he will evade from trial.

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.50,000/- (Rupees Fifty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M-VIIIth, Patna in connection with Patrakar Nagar P.S. Case No. 101 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 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.

Patna High Court CR. MISC. No.23498 of 2022(2) dt.04-08-2022 3/3 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.) ravishankar/- U T