Pachu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24950 of 2022 Arising Out of PS. Case No.-31 Year-2022 Thana- DINARA District- Rohtas ====================================================== PACHU KUMAR, S/o Ram Pujan Bind R/o village- Patarhi, P.S.- Sheosagar, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alka Singh For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 395 of the Indian Penal Code.

As per the prosecution case, a truck bearing Registration No.BR-45G-9157 loaded with rice looted by 8 unknown miscreants on the point of country-made gun. They also looted Samsung Mobile, Silver Chain, silver ring, wallet containing Rs. 2000 from the informant.

Patna High Court CR. MISC. No.24950 of 2022(2) dt.17-08-2022 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. Learned counsel for the petitioner has further submitted that the petitioner is not named in the FIR and the name of the petitioner has sprung up during the course of investigation. Nothing incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.02.2022.

Learned A.P.P. for the State has opposed the bail petition of the petitioner. Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Bikramganj, Rohtas, in connection with Dinara P.S. Case No. 31 of 2022, with following conditions :-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled by

Patna High Court CR. MISC. No.24950 of 2022(2) dt.17-08-2022 3/3 the concerned Court.

2. If the petitioner tampers with the evidence or the witnesses of the case, the prosecution will be at liberty to move for cancellation of bail of the petitioner.

3. Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the Court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond. The application stands allowed.

(Chandra Prakash Singh, J) sanjeev/- U T