Keshav Kumar @ Punnu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31857 of 2022 Arising Out of PS. Case No.-159 Year-2020 Thana- JALE District- Darbhanga ====================================================== Keshav Kumar @ Punnu Singh S/O Jitendra Singh, Resident Of VillageKatra, P.S.- Katra, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rudal Singh, Advocate For the Opposite Party/s :
Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-11-2022 Let the defect, if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Jalley P.S. Case No. 159 of 2020 lodged under Sections 394 and 307 of the I.P.C. read with Section 27 of Arms Act. As per prosecution, the F.I.R. has been lodged against 3 unknown accused persons, who were on two motorcycles. The allegation of robbery is alleged to be made by 3 unknown criminals from the informant in which loot of Rs.12,47,500/- alleged to be made.
Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further
Patna High Court CR. MISC. No.31857 of 2022(3) dt.16-11-2022 2/3 submits that petitioner is in custody since 29.07.2021 and there is nothing incriminating recovered from the possession of the petitioner. Counsel also submits that petitioner was not put on T.I.P.. Counsel further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him by the Court. He further submits that there are 5 criminal cases pending against the petitioner and in all cases, he is on bail. Learned counsel for the State opposes the prayer for bail and submits that antecedent of the petitioner is not clean. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-I, Darbhanga in connection with Jalley P.S. Case No. 159 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:
A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.
Patna High Court CR. MISC. No.31857 of 2022(3) dt.16-11-2022 3/3 B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.
C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) ravishankar/- U T