Sudhanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27430 of 2023 Arising Out of PS. Case No.-233 Year-2022 Thana- SIMRI District- Darbhanga ====================================================== Sudhanshu Kumar S/O Bhagwan Singh R/O Village- Bairiya, P.S- Sahebganj, Distt.- Muzaffarpur.

... ... Petitioner/S

Versus

The State Of Bihar.

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

For the Petitioner/s :

Mr. Awnish Kumar, Adv.

For the Opposite Party/s :

Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-06-2023 Let the defect(s), 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 Simri P.S. Case No. 233 of 2022 registered on 29.11.2022 lodged under Section 392 of the I.P.C.

As per the prosecution case, the F.I.R. has been lodged against four unknown persons, against whom the allegation of robbery is there.

Counsel for the petitioner submits that petitioner is not named in the F.I.R. and the petitioner is in custody since 02.12.2022 having four criminal cases pending against him and petitioner is on bail in three cases and in one case, he is

Patna High Court CR. MISC. No.27430 of 2023(2) dt.06-06-2023 2/2 persuading for bail. Counsel further submits that charge sheet has already been filed in this case. He submits that the offence is lodged under Section 392, which is a Magisterial Triable Case. Learned counsel for the State opposes the prayer for bail and submits that name of the petitioner has been filed in this case by virtue of his identification in CCTV footage. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail. Liberty is hereby granted to the petitioner that he may renew his prayer for bail, after framing of charge. Trial Court is directed to release the petitioner on bail afterthat, imposing its own conditions, so that he may not evade his appearance during trial.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) Ashishsingh/- U T