Gunjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36026 of 2023 Arising Out of PS. Case No.-158 Year-2022 Thana- KARAKAT District- Rohtas ====================================================== Gunjan Kumar, Son of Durga Prasad Bhagat, Resident of Village Sukhara Dehri, Ps- Nasriganj, Distt- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Soni Kumari, Advocate For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Karakat P.S. Case No.158/2022, lodged on 30.08.2022 under Sections 307, 379 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the FIR, the criminal case has been lodged against two unknown accused persons.

4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR. Subsequently, the name of the petitioner has been figured in this case on the basis of confessional statement of co-accused as well as in his own confession. He further submits that the petitioner is in custody since 19.12.2022 and apart from the present case two other

Patna High Court CR. MISC. No.36026 of 2023(2) dt.24-06-2023 2/3 criminal cases are also pending against him, but learned counsel for the petitioner is not sure whether the petitioner has been granted bail in both the cases or not. He further submits that neither any incriminating article has been recovered from the conscious possession of the petitioner nor the petitioner has been put on Test Identification Parade.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Bikramganj, Rohtas in connection with Karakat P.S. Case No. 158/2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative

Patna High Court CR. MISC. No.36026 of 2023(2) dt.24-06-2023 3/3 who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond. (Dr. Anshuman, J) Ashwini/- U T