Sajan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26926 of 2024 Arising Out of PS. Case No.-393 Year-2023 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Sajan Kumar S/o Mahadev Bhagat R/o Vill. Bochharpur Ps dumra dist Sitamadhi At Vill Ps. Runnisaidpur Dist. Sitamadhi, At present R/o vill and P.S. - Runnisaidpur, Distt. - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Priyesh Kumar, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-07-2024 Heard Mr. Priyesh Kumar, learned counsel for the petitioner and the State.
2. The petitioner is in judicial custody in connection with Kazi Mohammadpur P.S. Case No. 393 of 2023 for the offence punishable under Section 379 of the Indian Penal Code lodged on 24.9.2023 by the informant, Ajit Kumar.
3. As per the prosecution story, the informant alleged that his motorcycle bearing registration no. BR06AQ8466 was stolen in front of Ray Nursing Home Kalambagh which led to lodging of the FIR.
4. Learned counsel for the petitioner submits that on suspicion he was picked up and thereafter one after another for the cases foisted upon him which resulted in almost 11 dozen
Patna High Court CR. MISC. No.26926 of 2024(3) dt.26-07-2024 2/3 cases. He submits that the petitioner is remained in custody since 11.12.2023 (para-13 of the petition) and he is ready to abide by all the terms and conditions and diligently appearing in trial.
5. Learned APP opposes the prayer submitting that he has criminal antecedent.
6. Though, the criminal antecedents are there and recovery is also there, he has remained in custody since 11.12.2023 and has undertaken to diligently attend the trial, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.-1st East, Muzaffarpur, in connection with Kazi Mohammadpur P.S. Case No. 393 of 2023 subject to the following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his
Patna High Court CR. MISC. No.26926 of 2024(3) dt.26-07-2024 3/3 bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next one year to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T