Pintu Kumar Varma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33462 of 2024 Arising Out of PS. Case No.-11 Year-2019 Thana- CHANDRAMANDI District- Jamui ====================================================== Pintu Kumar Varma Son of Vasudeo Mahto R/v - Kurava, P.S.- Simultalla, Dist.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Chandramandih P.S. Case No. 11 of 2019 instituted for the offences under Section 392 of the Indian Penal Code.

3. As per prosecution case, the allegation against the petitioner is of being involved in the alleged loot of Informant's Glamour motorcycle bearing Regd. No. BR-51C/5291 on the gun point.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his named has been

Patna High Court CR. MISC. No.33462 of 2024(2) dt.02-05-2024 2/3 dragged in this case on the basis of suspicion during investigation. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has not been put on T.I.P. The petitioner has two criminal antecedent and is languishing in judicial custody since 16.12.2023 without any rhymes or reason. Charge has been framed in this case.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chandramandih P.S. Case No. 11 of 2019, subject to the following conditions; (i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.33462 of 2024(2) dt.02-05-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(iii) 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.

(Rudra Prakash Mishra, J) rishi/- U T