Pawan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30758 of 2022 Arising Out of PS. Case No.-196 Year-2021 Thana- CHAUTHAM District- Khagaria ====================================================== PAWAN KUMAR Son of Banarsi Singh Resident of Village - Telauchh, P.S.- Chautham, Distt.- Khagaria.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandan Kumar Kashyap, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-09-2022 Heard learned counsel for the petitioner and learned APP for the State.
Let the defect(s), if any, as pointed out by the office, be removed within four weeks.
The case is registered under sections 395 and 412 of the Indian Penal Code, in connection with Chautham P.S. Case No. 196 of 2021.
The prosecution story, in brief, is that some miscreants committed Dacoity in the house of the informant and took away Rs. 3,50,000/- as also valuable ornaments. Learned counsel for the petitioner submits that he has no criminal antecedent and is in custody since 14.3.2022 (as stated in para-12 of the bail application). Further submission is that his name has come up in the confessional statement of
Patna High Court CR. MISC. No.30758 of 2022(2) dt.08-09-2022 2/3 Sanjay Kumar. It is further submitted by him that some of the co-accused namely, Pankaj Kumar (Cr. Misc. No. 3590 of 2022), Girish Singh (Cr. Misc. No. 20802 of 2022) and Bharat Kumar (Cr. Misc. No. 3490 of 2022) have been released on bail by the co-ordinate bench of this Court vide order dated 6.6.2022, 13.5.2022 and 6.6.2022 respectively. Let the bail orders be kept on record.
Taking into account the aforesaid facts as also that he has no criminal antecedent, is in jail since 14.3.2022 and charge-sheet stands submitted, this Court is inclined to grant him the privilege of bail. However, if it is found that he do have criminal antecedent, this bail order shall become infructuous.
Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of Judicial Magistrate, 1st Class, Khagaria, in connection with Chautham P.S. Case No. 196 of 2021 subject to the following conditions: (i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.30758 of 2022(2) dt.08-09-2022 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Ravi/Ajay Singh U T