Patna High CourtCR. MISC./42409/2021bail granted

Samir Kumar v. The State Of Bihar

2022-01-24Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42409 of 2021 Arising Out of PS. Case No.-229 Year-2021 Thana- KHAJANCHI HAT District- Purnia ====================================================== SAMIR KUMAR S/O KRISHNA YADAV R/O VILLAGE-NAYA TOLA, JURABGANJ, P.S-KORHA, DISTRICT-KATIHAR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uma Shankar Prasad Singh For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 12.03.2021, seeks regular bail in connection with K. Hat (Madhubani) P.S. Case No. 229 of 2021 for the offence punishable under Section 392 of the Indian Penal Code and subsequently Section 414 IPC was added.

The prosecution case, in brief, is that when the informant was on the way to her house, two motorcycle borne miscreants snatched her golden chain and started to flee away. On alarm raised by the informant, the miscreants fell down from

Patna High Court CR. MISC. No.42409 of 2021(2) dt.24-01-2022 2/3 the motorcycle and the pillion rider managed to flee away. However the driver of the motorcycle was apprehended who disclosed his name as Samir Kumar (petitioner) and Pintu Kumar as his associate.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. The alleged recovery is from the possession of Pintu Kumar and nothing has been recovered from the possession of the petitioner. Petitioner has clean antecedent and without any reason his is in custody since 12.03.2021. Learned A.P.P. for the State has opposed the prayer for bail.

Considering the aforementioned facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Purnea in connection with K. Hat (Madhubani) P.S. Case No. 229 of 2021 , subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

Patna High Court CR. MISC. No.42409 of 2021(2) dt.24-01-2022 3/3

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) mantreshwar/- U T