Patna High CourtCR. MISC./26958/2022bail granted

Naveen Kumar Singh @Naveen Kumar v. The State Of Bihar

2022-09-12Mr. Justice Dr. Anshuman4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26958 of 2022 Arising Out of PS. Case No.-474 Year-2021 Thana- DUMRA District- Sitamarhi ====================================================== Naveen Kumar Singh @Naveen Kumar Son of Laxmi Singh R/O- VillNarayanpur, Ward No. 03, P.S.- Siatamarhi, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar, Adv.

For the Opposite Party/s :

Mr. Suman Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-09-2022 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 Dumra P.S. Case No. 474 of 2021 (G.R. No. 4421/2021) lodged under Section 394 of the Indian Penal Code.

As per the prosecution case, the allegation of dacoity is there against 4 four unknown accused persons. Learned counsel for the petitioner submits that nothing incriminating has been recovered from the possession of petitioner. He further submits that no T.I.P. has taken place. He also submits that petitioner is in custody since 20.01.2022, charge sheet has already been filed in this case. On the point of

2/4 criminal antecedent of petitioner, learned counsel for the petitioner submits that there are in total 5 criminal cases pending against him, except present one he has obtained bail in all the rest 4 cases. Learned counsel for the petitioner further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him by the court.

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 the Chief Judicial Magistrate, Sitamarhi, Bihar in connection with Dumra P.S. Case No. 474 of 2021 (G.R. No. 4421/2021), 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 be resulted into cancellation of his bail bond.

3/4 B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the 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.

Speedy trial is the constitutional vision of justice. Admittedly there are 5 criminal cases pending against the petitioner, whose details are as follows:- (1) Dumra P.S. Case No. 297 of 2021, under Section 461, 379 of I.P.C. (2) Dumra P.S. Case No. 298 of 2021, under Section 461, 379 of I.P.C. (3) Dumra P.S. Case No. 300 of 2021, under Section 461, 379 of I.P.C. (4) Dumra P.S. Case No. 474 of 2021, under Section 394 of I.P.C. (5) Dumra P.S. Case No. 482 of 2021, under Section 399, 402 of I.P.C. & 25(1-b)a/26/35 of Arms Act. & (6) Dumra P.S. Case No. 474 of 2021, under Section 394 of I.P.C. All cases are relating to Dumra Police Station lies within the territorial jurisdiction of District and Sessions judge, Sitamarhi.

Let the District and Sessions Judge, Sitamarhi is

4/4 directed to do the needful so that all 5 criminal cases named above which are magisterial triable or sessions triable prior to commitment shall run before one Magistrate with one date and all the cases which are session triable after commitment shall run before the same Sessions Court with same date. Let a copy of this order is communicated to District and Sessions Judge, Sitamarhi for information and necessary compliance.

With these observations, the bail application stands allowed.

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