Sumit Kumar @ Zamura v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33651 of 2022 Arising Out of PS. Case No.-70 Year-2018 Thana- GANGABRIDGE District- Vaishali ====================================================== SUMIT KUMAR @ ZAMURA S/o Ashok Singh @ Ashok Kumar Resident of Village- Kuwari Bujurg, P.S.- Ganga Bridge, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Rina Sinha,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-09-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Section 394 of the Indian Penal Code and Section 27 of the Arms Act.

The F.I.R. of the occurrence of robbery is against unknown.

Learned counsel appearing for the petitioner submits that the petitioner is not named in the FIR. The name of the petitioner has been transpired on the basis of self -confessional statement of the petitioner. Further submits that nothing has

Patna High Court CR. MISC. No.33651 of 2022(2) dt.22-09-2022 2/3 been recovered from possession of the petitioner and till date no TIP has been conducted by the prosecution and co-accused person, namely, Chandu @ Chandraket has already been allowed bail by a Coordinate Bench of this Hon'ble Court vide order at Annexure-2 to the bail petition and the petitioner is in custody since 14.12.2018.

Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries ten more cases other than the present one.

Considering the aforesaid facts and period of custody, 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 learned court below where the case is pending in connection with Ganga Bridge P.S.Case No.70 of 2018 with 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 on his/her absence on two consecutive dates without sufficient reason, his/her 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

Patna High Court CR. MISC. No.33651 of 2022(2) dt.22-09-2022 3/3 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) Nitesh/- U T