Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34588 of 2022 Arising Out of PS. Case No.-61 Year-2022 Thana- HULASGANJ District- Jehanabad ====================================================== SUNIL KUMAR S/o Late Amirak Sao Resident of Village-Islampur, P.S.- Islampur, District-Nalanda.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Sharma For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 18-07-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Hulasganj P.S. Case No. 61 of 2022 registered for the offences punishable under Sections 379, 411/34 of the Indian Penal Code.

Briefly stated fact of the prosecution case is that co-accused Md. Ashraf has confessed that he had purchased 28 kg. solar battery from the two apprehended co-accused Ankit Kumar and Anshu Kumar which was sold to the present petitioner at Islampur.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.34588 of 2022(2) dt.18-07-2022 2/3 petitioner is in custody since 09.04.2022 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that nothing has been recovered from possession of the petitioner. There is neither allegation of committing theft nor there is allegation of recovery of suspected stolen article from the possession of the petitioner. In this way the alleged occurrence is not attracted against the present petitioner.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, nature of allegation, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Smt. Priyanka Kumari, Judicial Magistrate, 1st Class, Jehanabad in connection with Hulasganj P.S. Case No. 61 of 2022, subject to following conditions:-

Patna High Court CR. MISC. No.34588 of 2022(2) dt.18-07-2022 3/3 (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (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.

(Alok Kumar Pandey, J) shahzad/- U T