Patna High CourtCR. MISC./38900/2024bail granted

Pintu Kumar v. The State Of Bihar

2024-05-27Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38900 of 2024 Arising Out of PS. Case No.-20 Year-2023 Thana- JEHANABAD RAIL P.S. District- Gaya ====================================================== Pintu Kumar S/O Raju Bind R/O Nadaul Bairam chak, P.S. - Masaurhi, Dist Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Kumar, Adv.

For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Jehanabad Rail P.S. Case No. 20 of 2023, lodged on 11.05.2023 under Section 379 of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against unknown accused persons against whom there is an allegation of theft of mobile phone.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that he was remanded in this case at the instance of police due to the reason that his criminal antecedent is not clean. Counsel further submits that nothing incriminating has been recovered from the petitioner's possession nor he was put on

Patna High Court CR. MISC. No.38900 of 2024(2) dt.27-05-2024 2/3 TIP.

5. Learned counsel for the petitioner submits that the criminal antecedent of the petitioner is not clean and there are five criminal cases pending against him. The petitioner is in custody since 06.02.2024 in the present case. Counsel further submits that the offence in which the case has been filed is of magisterial triable.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Railway Judicial Magistrate, Gaya in connection with Jehanabad Rail P.S. Case No. 20 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

8. However, the petitioner shall be granted bail only on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows:- (I)- Jehanabad P.S. Case No. 25 of 2020.

Patna High Court CR. MISC. No.38900 of 2024(2) dt.27-05-2024 3/3 (II)- Jehanabad Rail P.S. Case No. 34 of 2021. (III)- Jehanabad Taregana P.S. Case No. 39 of 2023. (IV)- Masaudhi P.S. Case No. 174 of 2018.

(V)- Masaudhi P.S. Case No. 384 of 2019.

(Dr. Anshuman, J.) Divyansh/- U T