Bhola Kumar @ Sunny @ Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30515 of 2023 Arising Out of PS. Case No.-29 Year-2022 Thana- BIBHUTIPUR District- Samastipur ====================================================== BHOLA KUMAR @ SUNNY @ SUNNY KUMAR Son of Sri Sanjay Kumar Singh @ Sanjay Singh Resident of village - Vrindawan/Brindawan, ward no. 1, P.S. - Nowkothi, Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar, Adv.

For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-07-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail, who is in custody since 25.03.2022 in connection with Bibhutipur P.S. Case No.29/2022, dated 21.01.2022, for the offences punishable under Sections 392 of the IPC but later on Section 392 and 411 of the IPC were also added.

3. According to prosecution case, while the informant was coming to his home along with his associates, three unknown miscreants are alleged to have snatched the motorcycle other articles belonging to the informant and his associates and fled away.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He

Patna High Court CR. MISC. No.30515 of 2023(3) dt.25-07-2023 2/3 further submits that the petitioner is not named in the F.I.R. The name of the petitioner has been transpired on the basis of confessional statement of co-accused, namely, Suman Saurabh and Raja Kumar. He further submits that nothing has been recovered from the conscious possession or the house of the petitioner rather the recovery has been made from other coaccused persons and till date no T.I.P conducted by the prosecution. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 25.03.2022.

5. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner has carried four criminal antecedent other than the present one but fairly submits on the basis of para-3 of the bail petition that out of four cases, the petitioner is on bail in three cases.

6. Considering the aforesaid facts and period of custody, 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 S.D.J.M., Rosera, Samastipur in connection with Bibhutipur P.S. Case No.29/2022, G.R. No.69/2022, subject to the following

Patna High Court CR. MISC. No.30515 of 2023(3) dt.25-07-2023 3/3 conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. 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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T