Patna High CourtCR. MISC./34494/2023bail granted

Tinku Kumar @ Raza v. The State Of Bihar

2023-07-19Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34494 of 2023 Arising Out of PS. Case No.-348 Year-2019 Thana- AMARPUR District- Banka ====================================================== TINKU KUMAR @ RAZA Son of Pradip Yadav @ Pradeep Kumar Yadav Resident of village - Murgidih, Babutola, P.S.- Banka, District - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad, Advocate For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and State.

2. The petitioner is in custody in connection with Amarpur P.S. Case No. 348 of 2019 for the offence under Section 392 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner has got one criminal antecedent and he is in custody since 13.12.2022.

4. It has been submitted by learned counsel for the petitioner that the petitioner has not been named in the F.I.R. The name of the petitioner has come in the confessional statement of one co-accused, namely, Anurag Sharma. It has further been submitted that similarly situated co-accused has been granted bail by a co-ordinate Bench of this Court in Criminal Misc. Case No. 38817 of 2022 vide order dated

Patna High Court CR. MISC. No.34494 of 2023(2) dt.19-07-2023 2/2 23.09.2022.

5. For the reasons mentioned in the order dated 23.09.2022 passed in Criminal Misc. Case No. 38817 of 2022, this bail application is also allowed.

6. Let the petitioner, above-named, be released on bail after framing of charge on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 348 of 2019, subject to the condition that the petitioner would cooperate in the proceeding of the court below. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner.

7. The petitioner will visit Banka Police Station on the first Sunday of each month. Any default in appearance at the Police Station would be result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) Harsh/ U T