Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29200 of 2023 Arising Out of PS. Case No.-334 Year-2020 Thana- AWTARNAGAR District- Saran ====================================================== Niraj Kumar Son Of Late Fagu Mahto R/O Village- Jagdishpur, P.S.- Doriganj, District- Saran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-06-2023 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 Awatar Nagar P.S. Case No. 334 of 2020 registered on 11.12.2022 lodged under Sections 394/511 of the I.P.C. As per the prosecution case, F.I.R. has been lodged against three unknown accused persons, who have tried to make an attempt of loot of the informant's motorcycle. Learned counsel for the petitioner submits that name of the petitioner has been figured in this case by virtue of confessional statement of the co-accused. He further submits that petitioner is innocent and has committed no offence. He

Patna High Court CR. MISC. No.29200 of 2023(2) dt.07-06-2023 2/3 submits that petitioner is in custody since 12.09.2022 having three criminal cases pending against him and in this regard counsel submits that petitioner has been made accused in the present case first, thereafter, on the same day his name has started figuring in three other cases, which is in paragraph 3, though he was not named in those three cases. He further submits that in all the other three cases, petitioner is persuading for bail.

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 J.M. 1st Class, Saran at Chapra in connection with Awatar Nagar P.S. Case No. 334 of 2020, 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

Patna High Court CR. MISC. No.29200 of 2023(2) dt.07-06-2023 3/3 his bail bond.

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.

With this observation, the bail application stands allowed.

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