Jay Jeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30537 of 2022 Arising Out of PS. Case No.-48 Year-2022 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== JAY JEET KUMAR S/o Rajeshwari Prasad Singh R/o Village- Hiring, P.s.- Hunterganj, District- Chatra (Jharkhand).
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :
Mr. Atul Chandra, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in virtual court proceeding.
Let the defects, as pointed out by the office, be removed within a period of four weeks from today. Petitioner seeks bail in a case registered for the offences punishable under Sections 379, 419, 420 of the Indian Penal Code and Section 66(C), 66(D) of I.T. Act. According to prosecution case, he allegation against two persons including the petitioner is to take money from the informant's bank balance by frauding the informant and other persons.
Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.30537 of 2022(3) dt.13-01-2023 2/3 implicated in the present case. He further submits that the petitioner and the informant has filed a compromise petition before the court below on 04.04.2022. He further submits that the petitioner has returned the amount in question to the informant and the charge has been framed against the petitioner on 12.10.2022. He further submits that the bail application of similarly situated, co-accused, namely, Rajesh Kumar has been rejected by a co-ordinate Bench of this Court vide order dated 16.09.2022 passed in Cr. Misc. No. 35443 of 2022 with condition that petitioner may renew his prayer for bail after framing of charge. The Trial Court is directed to release the petitioner on bail imposing its own conditions, so that petitioner may not evade his appearance during trial.
He further submits that the petitioner is in custody since 08.03.2022. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, 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 M.U. P.S. Case No.
Patna High Court CR. MISC. No.30537 of 2022(3) dt.13-01-2023 3/3
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) mdrashid/- U T