Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34845 of 2022 Arising Out of PS. Case No.-218 Year-2021 Thana- BHAGWANPUR District- Begusarai ====================================================== SUNNY KUMAR S/o Dilip Paswan R/o village- Bagras, P.S.- Bhagwanpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-09-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is in judicial custody in connection with Bhagwanpur P.S. Case No. 218 of 2021 for the offences under Section 414 of the Indian Penal Code and section 25(1b)a, 26 and 35 of the Arms Act. As per the FIR, the police in course of patrolling intercepted a motorcycle which tried to escape but was apprehended, those who had occupied the motorcycle were Vikram Kumar and Sunny Kumar (the petitioner herein). Upon search from Vikram Kumar, one loaded pistol was recovered with live cartridge. So far as the present petitioner is concerned,

Patna High Court CR. MISC. No.34845 of 2022(2) dt.13-09-2022 2/3 the motorcycle that he was riding was checked and found that the chassis and engine number does not match with the registered number and upon enquiry, it was found that the same is being a stolen motorcycle. Accordingly, both of them were taken into custody.

Learned counsel for the petitioner submits that for the said alleged act, he has suffered a lot by being in custody since 01.11.2021 (as stated in paragraph 14 of the bail application). Considering the fact that he is in custody since 01.11.2021, charge sheet stands submitted and ultimately he has to face the trial, this Court is inclined to grant him privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Bhagwanpur P.S. Case No. 218 of 2021, subject to the 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

Patna High Court CR. MISC. No.34845 of 2022(2) dt.13-09-2022 3/3 dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence; (iv) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, 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) Jagdish/NehaU T