Tuntun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26428 of 2022 Arising Out of PS. Case No.-63 Year-2021 Thana- KINJAR District- Jehanabad ====================================================== Tuntun Kumar Son Of Vinay Singh Resident Of Village - Rajapar, P.S.- Arwal, Distt.- Arwal.

... ... Petitioner/S

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Ranjan, Advocate For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-08-2022 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 Kinjar P.S. Case No. 63 of 2021 lodged under Section 395 of the Indian Penal Code but later on Section 412 of the Indian Penal Code is added.

As per the prosecution case, six unknown criminals have committed Dacoity for which, the present case has been lodged.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R., nothing has been recovered from his possession and T.I.P. has also not taken place. He

Patna High Court CR. MISC. No.26428 of 2022(2) dt.18-08-2022 2/3 submits that name of the petitioner has been figured in this case by virtue of confessional statement of accused person. Learned counsel for the petitioner further submits that petitioner is in custody since 23.02.2022 and has clean antecedent. Charge sheet has already been filed.

Learned counsel for the State opposes the prayer for bail.

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.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- III, Arwal in connection with Kinjar P.S. Case No. 63 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 bailors shall be close relative who shall file affidavit before the court about his relation with the

Patna High Court CR. MISC. No.26428 of 2022(2) dt.18-08-2022 3/3 petitioner.

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.) sanjeev/- U T