Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33486 of 2022 Arising Out of PS. Case No.-116 Year-2022 Thana- BHAGWAN BAZAR District- Saran ====================================================== Sandeep Kumar Son Of Rajendra Kishor Pandey R/O Village- Piyarpurawan, P.S.- Marhouwrah, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-09-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail in a case registered for the offences punishable under Sections 392 of the Indian Penal Code.

According to prosecution case, the informant after alighting from the bus he was surrounded by three miscreants borne on a motorcycle. One of the miscreants pointed a pistol on his head and others took mobile phones from his pocket and rupees from his purse.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.33486 of 2022(2) dt.22-09-2022 2/3 petitioner is innocent and he has falsely been implicated in the present case on the basis of suspicion. He further submits that in fact the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation and finally one mobile phone has been recovered from the possession of the petitioner and the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 29.04.2022.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Bhagwanbazar P.S. Case No. 116 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and

Patna High Court CR. MISC. No.33486 of 2022(2) dt.22-09-2022 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/ Ravi U T