Karmbeer Kumar @ Deshmukh @ Karmveer Singh @ Deshmukh @ Karmbir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36540 of 2022 Arising Out of PS. Case No.-422 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== KARMBEER KUMAR @ DESHMUKH @ KARMVEER SINGH @ DESHMUKH @ KARMBIR KUMAR SON OF BIR BAHADUR SINGH RESIDENT OF VILLAGE- KHILWAT, P.S.- BIDUPUR, DISTRICTVAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha,Advocate For the Opposite Party/s :

Mr.Rajendra Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-09-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is in judicial custody in connection with Mahua P.S. Case No. 422 of 2020 for the offences under Section 392 of the Indian Penal Code.

As per the FIR, the informant has alleged that he was returning along with Rs.71,050/-, when unknown accused persons intercepted and after opening fire, looted the said amount along with the company's documents.

Learned counsel for the petitioner submits that although, he has been remanded from another case on

Patna High Court CR. MISC. No.36540 of 2022(2) dt.19-09-2022 2/3 26.02.2021, nothing has been recovered from his conscious possession nor T.I. Parade has been done. His last submission is that similarly placed co-accused, namely, Mithun Kumar has been granted bail by a co-ordinate Bench of this Court vide order dated 21.02.2022 passed in Cr. Misc. No. 45465 of 2021. Let the same be kept on record.

Considering the aforesaid fact that he is in custody since 26.02.2022, no T.I. Parade has been done nor anything has been recovered from the conscious possession of the petitioner and one of the similarly situated co-accused granted the privilege of bail, this Court is inclined to grant him privilege of bail after framing of charge.

Let the petitioner be released on bail after framing of charge on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of like amount each to the satisfaction of Learned Judicial Magistrate-Ist Class, Vaishali at Hajipur in connection with Bidupur, P.S. Case No. 422 of 2020, subject to the 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

Patna High Court CR. MISC. No.36540 of 2022(2) dt.19-09-2022 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall appear before the concerned police station every fortnight 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 take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/NehaU T