Anant Kumar @ Anand Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38383 of 2021 Arising Out of PS. Case No.-217 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Anant Kumar @ Anand Kumar, Son of Kamal Kishor Singh, R/o VillageRamdiri Nakti Tola, P.S.- Matihani, District- Begusarai. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jai Prakash Singh, Advocate For the Opposite Party/s :
Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-12-2021 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Muffasil (Lakho) P.S. Case No.217 of 2019 registered for the offence punishable under Section 392 of the Indian Penal Code. Three miscreants have looted the motorcycle and some money from the informant. Petitioner has been implicated in this case on the basis of statement of co-accused Nandan Kumar, leading to no recovery from the petitioner of any incriminating article.
Petitioner's counsel submits that Nandan Kumar was having hostile terms with the petitioner since before and in support of such submission, he has relied upon Annexure 2,
Patna High Court CR. MISC. No.38383 of 2021(2) dt.14-12-2021 2/3 being the informatory petition, which has been lodged against the mother and father of co-accused Nandan Kumar. Petitioner bears one criminal antecedents, which also was at the instance of said Nandan Kumar. Detail of the same has been stated in paragraph 3 of the petition. The petitioner is stated to be in custody since 15.02.2021.
Learned APP for the State has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.
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 C.J.M., Begusarai, in connection with Muffasil (Lakho) P.S. Case No.217 of 2019, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the
Patna High Court CR. MISC. No.38383 of 2021(2) dt.14-12-2021 3/3 court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T