Karan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32328 of 2023 Arising Out of PS. Case No.-550 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== KARAN KUMAR SON OF SRI HARI SAH RESIDENT OF VILLAGEBAGDOVE, PS- NAYA GAON, DISTT- BEGUSARAI, AT PRESENT R/O VISHNUPUR CHANDNI CHOWK, NEAR DON BOSCO SCHOOL, PSTOWN , DISTT- BEGUSARAI ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arjun Prasad For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Begusarai Town P.S. Case No. 550 of 2022 registered for the offences punishable under Section 392 of the IPC. As per prosecution case, informant 25-30 gm gold ornament , Rs. 43,000/- and key of the motorcycle were taken away by three unknown miscreants.
Learned counsel for the petitioner submits that petitioner is not named in the FIR. His name has been surfaced in the present case on the basis of spy in para 63 of the case diary which is evident from the impugned order itself. Except suspicion, there is nothing on record to connect the present
Patna High Court CR. MISC. No.32328 of 2023(2) dt.24-06-2023 2/3 petitioner with the alleged occurrence. He further submits that petitioner is in custody since 28.11.2022 and bears criminal antecedent of two cases in which he is on bail. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that no TIP has been conducted uptill now. He further submits that no incriminating article has been recovered from the conscious possession of the petitioner.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, Begusarai in connection with Begusarai Town P.S. Case No. 550 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn
Patna High Court CR. MISC. No.32328 of 2023(2) dt.24-06-2023 3/3 the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.
(Alok Kumar Pandey, J) vashudha/- U T