Umesh Kumar @ Umesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34426 of 2023 Arising Out of PS. Case No.-138 Year-2021 Thana- BANGARA District- Samastipur ====================================================== UMESH KUMAR @ UMESH SHARMA Son of Pradip Sharma Resident of village - Lahladpur, Baligaon, P.S. - Patepur, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner is in judicial custody in connection with N.H. Bangra P.S. Case No.138 of 2021 instituted under Section 392 of the IPC lodged on 18.12.2021 by the informant Md. Asif.

As per the FIR, on 18.12.2021 the informant along with his mother was returning home on motorcycle of his friend and when he reached Akbarpur village, three persons on motorcycles by showing the pistol took the motorcycle of the informant and fled away from there. Accordingly, the FIR. It has been contended by the learned counsel for the petitioner that once he was arrested in a particular case, in the number of cases, he was implicated which reflects in paragraph3 of the petition. It is his further submission that he has already

Patna High Court CR. MISC. No.34426 of 2023(2) dt.24-06-2023 2/3 suffered by being in custody since 11.04.2022 (as stated in paragraph 15 of the petition) no T.I. Parade done, is ready to abide by all the terms and conditions.

Learned APP opposes the prayer on the ground that number of cases are lodged against him.

Considering the period of custody as also the fact that he has not been subjected to T.I. Parade, this Court is inclined to grant him privilege of bail with strict conditions. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with N.H. Bangra P.S. Case No.138 of 2021 to the satisfaction of learned Judicial Magistrate, Ist Class, Samastipur, 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 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 reason will entail cancellation of his/her bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned

Patna High Court CR. MISC. No.34426 of 2023(2) dt.24-06-2023 3/3 police station every months for next one year to mark attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the 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 the bail bonds. (Rajiv Roy, J) Prakash Narayan /- U T