Karmbir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26742 of 2022 Arising Out of PS. Case No.-144 Year-2020 Thana- BALIGAON District- Vaishali ====================================================== KARMBIR KUMAR Son of Bir Bahadur Singh Resident of village - Khilwat, P.S.- Bidupur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-08-2022 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 through Video Conferencing. The petitioner has preferred this application for grant of regular bail in a case registered u/s 392 of the Indian Penal Code.

As per the prosecution case, three miscreants boarded on motorcycle came and entered the Grahak Seva Kendra. They looted Rs. 1,33,530/- from counter and Rs. 2000/- cash, Aadhar and Pan Card, key board along with Monitor and CD from the informant and his staffs on the point of pistol and fled away.

Patna High Court CR. MISC. No.26742 of 2022(2) dt.12-08-2022 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. No recovery has been made from the conscious possession of the petitioner. Learned counsel for the petitioner has further submitted that the petitioner was not put on T.I. Parade by the prosecution. The petitioner is also accused in eight other criminal cases which are of similar nature. The petitioner is in custody since 06.03.2021.

Learned A.P.P. for the State has opposed the bail petition of the petitioner by submitting that the petitioner is a history sheeter of similar nature of offence. He has further submitted that one loaded country-made pistol and live cartridge were recovered from the waist of the petitioner. The looted articles like Monitor and Rs. 25,000/- were also recovered from the house 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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Baligaon P.S. Case No. 144 of 2020, with

Patna High Court CR. MISC. No.26742 of 2022(2) dt.12-08-2022 3/3 following conditions :-

1. One of the bailors shall be a close relative of the petitioner who shall give genealogy as to how he is related to the petitioner.

2. 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 the concerned Court.

3. If the petitioner is found involved in similar nature of offence in future, his bail bond is liable to be cancelled by the concerned Court.

4. The petitioner is directed to mark his attendance before the Officer-In-Charge of the concerned police station at 10.00 A.M. on every Monday of the week and in the event of his failure to do so on two consecutive occasions, the present privilege of bail will stand cancelled by the concerned Court. The application stands allowed.

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