Mallu Kumar @ Prem Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33987 of 2022 Arising Out of PS. Case No.-104 Year-2021 Thana- ATHMALGOLA District- Patna ====================================================== MALLU KUMAR @ PREM RAJ Son of Janardan Ram Resident of Mohalla - Teja Bigha, P.S. - Bakhtiyarpur, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None For the Opposite Party/s :

Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-09-2022 No one appears on call.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The case is registered under Section 392 of the IPC in connection with Sessions Trial No.738 of 2021 arising out of Athmalgola P.S. Case No.104 of 2021.

As per the prosecution story, submitted before the Station Head Officer of Athmalgola Police Station, the informant alleged that he being the Manager of the Bandhan Bank has received information his staff Jai Ram Paswan that some accused persons have snatched Rs.1,62,072/- from Srikant Kumar. Accordingly, the FIR was lodged.

As per the averment made in the FIR, the petitioner is in custody since 06.07.2021 but neither any TI Parade has been made nor anything has been recovered from his conscious

Patna High Court CR. MISC. No.33987 of 2022(2) dt.12-09-2022 2/3 possession.

Considering the aforesaid fact that he is in custody since 06.07.2021 and no TI Parade has been conducted as also that charge-sheet stands submitted, this Court is inclined to grant him privilege of bail.

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 Sessions Trial No.738 of 2021 arising out of Athmalgola P.S. Case No.104 of 2021 to the satisfaction of learned A.D.J., Vth, Barh, Patna, 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 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 fortnight for next six months to mark his presence;

(iv) the petitioner shall in no way try to induce or

Patna High Court CR. MISC. No.33987 of 2022(2) dt.12-09-2022 3/3 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(v) 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) Prakash Narayan /- U T