Navin Kumar @ Krishna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29759 of 2022 Arising Out of PS. Case No.-65 Year-2021 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Navin Kumar @ Krishna Son of Uday Singh R/o village - Kanchnpur, P.S.- Sasaram (M), District - Rohtas at Sasaram ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Tribhuwan Narayan, Advocate For the Opposite Party/s :
Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-08-2022 Heard learned counsel for the petitioner and learned APP for the State in Virtual Court Proceeding. Let the defect(s), if any, as pointed out by the office, be removed within four weeks.
The petitioner is in custody in connection with Sasaram (M) P.S. Case No. 65 of 2021 under section 395 of the Indian Penal Code and later section 412 was added. As per the allegation in the FIR, the informant has alleged that while moving on NH-2 on his Bolero pickup van loaded with tomatoes, some unknown accused persons intercepted his vehicle and forcibly took away the Bolero. Learned counsel for the petitioner submits that he ha clean antecedent and he has been implicated in this case on the basis of confessional statement Ankush Kumar, who after
Patna High Court CR. MISC. No.29759 of 2022(2) dt.05-08-2022 2/3 being apprehended by the police confessed his involvement and named the petitioner herein as one of the associates. Learned counsel further submits that similarly situated some co-accused have since been released on bail vide Cr. Misc. Nos. 43811 of 2021 (Ankush Kumar vs. the State of Bihar), 3005 of 2022 (Sunil Choudhry vs. the State of Bihar) and 23278 of 2022 (Rakesh Kumar vs. the State of Bihar) disposed of on 22.1.2022, 18.5.2022 and 26.5.2022 respectively. Let the same be kept on record.
Considering the fact that the name of the petitioner has come up in the confessional statement of co-accused, he is in custody since 15.2.2022 (as stated in para-16 of the bail application), charge-sheet stands submitted and some of coaccused have been granted bail, this Court is inclined to grant him the privilege of bail.
Let the petitioner be released on bail on furnishing bail bond of Rs. 15,000/- (Fifteen thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Sasaram (M) P.S. Case No. 65 of 2021 subject to the following conditions: (i) one of the bailors should be the family members of the petitioner, who shall provide official document to show
Patna High Court CR. MISC. No.29759 of 2022(2) dt.05-08-2022 3/3 his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence; (iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Ravi/- U T