Chhotu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33131 of 2022 Arising Out of PS. Case No.-540 Year-2021 Thana- JAGDISHPUR District- Bhojpur ====================================================== Chhotu Kumar, Son of Raj Kumar Prasad, Resident of Village - Brahmpur, P.s.- Brahmpur, Distt.- Buxar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-09-2022 Heard learned counsel for the petitioner and the learned APP for the State through virtual mode in view of COVID-19.
Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Jagdishpur P.S. Case No.540 of 2021 instituted under Section 392 of the I.P.C.
The allegation made by the informant is that on 24.12.2021 while he was returning home after completion of work, he was intercepted by the accused persons who snatched motorcycle, mobile, cash of Rs.22,000/-, the keys of the bank and important articles.
During the investigation, one Bihari Choudhary was arrested with the looted mobile and on his confessional
Patna High Court CR. MISC. No.33131 of 2022(2) dt.02-09-2022 2/3 statement, the name of the petitioner cropped up and he is judicial custody since 25.01.2022.
Learned counsel for the petitioner submits that despite he being in custody since 25.01.2022 neither anything has been recovered from his conscious possession nor he has been put on T.I. Parade.
Considering the aforesaid facts that his name has come in the confessional statement, there is no recovery from his possession, no T.I. Parade done and he is in custody since 25.01.2022, this Court is inclined to grant him privilege of bail with conditions in view of the fact that he has criminal antecedent.
Let the petitioner be released on bail on furnishing bail bond of Rs.15,000/-(Rupees Fifteen Thousand) with two sureties of the like amount each in connection with Jagdishpur P.S. Case No.540 of 2021 to the satisfaction of learned ACJM, Ist, Bhojpur at Ara, subject to following conditions: (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive
Patna High Court CR. MISC. No.33131 of 2022(2) dt.02-09-2022 3/3 dates without plausible reasons will entail cancellation of his bail by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every month for next six months to mark his presence;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to steps for cancellation of his bail bonds.
With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Prakash Narayan /- U T