Survir Kumar @ Survir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27774 of 2024 Arising Out of PS. Case No.-1018 Year-2019 Thana- NAGAR District- Vaishali ====================================================== Survir Kumar @ Survir S/o- Balram Das R/o- Village-Dhamon, PS- Patori, Distt- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Hajipur Town (Nagar) P.S. Case No. 1018 of 2019 instituted for the offence under Section 394 of the Indian Penal Code. 3.

Prosecution case in short is that 4 unknown miscreants entered into the office of the informant, and on the point of pistol looted Rs. 3,00,000/- , a bag and one motorcycle of the staff. It is also alleged that miscreants have assaulted the informant by means of butt of the gun, due to which he sustained injury.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29-09-2022. Petitioner

Patna High Court CR. MISC. No.27774 of 2024(2) dt.29-04-2024 2/3 bears eleven criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired during the course of investigation. Nothing has been recovered from the conscious possession of the petitioner. It is lastly submitted that charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hajipur Town (Nagar) P.S. Case No. 1018 of 2019, subject to the following conditions:

(I) One of the bailors shall be own/close member of the

Patna High Court CR. MISC. No.27774 of 2024(2) dt.29-04-2024 3/3 family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner commits similar type of offence in future, the Trial Court will be at liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj kishore/- U T