Banti @ Shivshankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33982 of 2021 Arising Out of PS. Case No.-260 Year-2020 Thana- GRIYAK District- Nalanda ====================================================== Banti @ Shivshankar Kumar S/o Rajesh Kumar R/o village- Rahimpur Panchkhuti, Ward No. 11, P.S.- Muffasil, District- Khagaria ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mr. Ganesh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-02-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in Virtual Court proceeding.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Giriyak P.S. Case No. 260 of 2020, G.R. No. 3916 of 2020 registered for the offences punishable under Sections 392 of the Indian Penal Code According to prosecution case, one Scorpio vehicle has been recovered from the possession of the petitioner. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. and he is innocent and has

Patna High Court CR. MISC. No.33982 of 2021(4) dt.15-02-2022 2/3 committed no offence and he has falsely been implicated in the present case on the basis of confessional statement of coaccused namely Sanny Bharti and the self confessional statement of the petitioner. He further submits that nothing has been recovered from conscious possession of the petitioner and till date no TIP has been conducted by the prosecution. It is further submitted that after investigation the police has submitted the charge sheet against the petitioner and other coaccused person. The petitioner is in custody since 26.11.2020. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail, submitting that petitioner carries two criminal antecedents.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda (Bihar Sharif) in connection with Giriyak P.S. Case No. 260 of 2020, G.R. No. 3916 of 2020, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present

Patna High Court CR. MISC. No.33982 of 2021(4) dt.15-02-2022 3/3 as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T