Tinku Kumar @ Tinku Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30830 of 2023 Arising Out of PS. Case No.-112 Year-2022 Thana- MADHAURAH District- Saran ====================================================== Tinku Kumar @ Tinku Sharma son of Ram Ayodhaya Sharma Village- Paterhi Ps- Marhowrah Dist- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 23.03.2022 in connection with Madhowrah P.S. Case No. 112 of 2022, F.I.R. dated 21.02.2022 for the offences punishable under Sections 395 and 397 of the Indian Penal Code.
3. According to prosecution case, six culprits entered into the house of the informant and on the gun point, they snatched several ornaments and also assaulted the informant and fled away.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired
Patna High Court CR. MISC. No.30830 of 2023(4) dt.11-09-2023 2/3 during investigation on the basis of the self confessional statement of the petitioner. He further submits that nothing has been recovered from the conscious possession of the petitioner and till date no T.I.P. has been conducted by the prosecution. He further submits that except the self confessional statement of the petitioner, no other material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 23.03.2022.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner has confessed his guilt in the present occurrence and apart from the aforesaid the petitioner carries 14 criminal antecedents other than the present one.
6. Considering the aforesaid facts and circumstances and the fact that the petitioner is not named in the F.I.R and the 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 Additional Sessions Judge V Saran at Chapra in connection with Madhowrah P.S. Case No. 112 of 2022, subject
Patna High Court CR. MISC. No.30830 of 2023(4) dt.11-09-2023 3/3 to the following conditions:- i. 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. ii. 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.
iii. 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) Vanisha/- U T