Subham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30614 of 2022 Arising Out of PS. Case No.-104 Year-2021 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== SUBHAM KUMAR S/o Manoj Kumar @ Manoj Singh Resident of VillagePahsara, Babhangama, P.S.- Nawkothi, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail in a case registered for the offences punishable under Sections 185, 187, 188, 353, 120(B), 323, 504, 506/34 of the Indian Penal Code.

Allegation against the petitioner is that he defied the execution of public order and assaulting upon the public servant by blocking and disturbing movement of the road. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case only on

Patna High Court CR. MISC. No.30614 of 2022(2) dt.25-08-2022 2/3 the basis of suspicion. He further submits that it appears from the F.I.R. that there is no specific allegation against the petitioner and there is general and omnibus allegations against all the accused persons including the petitioner. He further submits that the petitioner is in custody since 04.10.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries four more cases other than the present one.

Considering the facts and circumstances of the case, 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 Court below where the case is pending in connection with Nawkothi P.S. Case No. 104 of 2021, with the following 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 witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.30614 of 2022(2) dt.25-08-2022 3/3

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 antecedents, 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) Ranjeet/- U T