Sarvjeet Kumar @ Hariom v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35186 of 2022 Arising Out of PS. Case No.-68 Year-2021 Thana- PIRI BAZAR District- Lakhisarai ====================================================== SARVJEET KUMAR @ HARIOM S/o Surendra Saw @ Suren Saw Resident of Village- Bansgarha Bind Toli, P.S.- Mednichouki, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mrs.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 27-09-2022 Supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on record.

Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Piri Bazar P.S. Case No. 68 of 2021 registered for the offence punishable under Section 382 of the Indian Penal Code. As per prosecution case, four persons entered into house of the informant and took away mobile, golden ornaments and other articles.

Learned counsel for the petitioner submits that petitioner is not named in the FIR and the name of present

Patna High Court CR. MISC. No.35186 of 2022(3) dt.27-09-2022 2/3 petitioner has been surfaced in this case on the confessional statement of co-accused Prince Kumar, as mentioned in para-23 of the case diary. Petitioner is in custody since 22.07.2021 and bears criminal antecedent of four cases in which he is on bail. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. No incriminating article has been recovered from possession of the petitioner. No TIP was conducted in the case. Petitioner was remanded in the present case from Piri Bazar P.S. Case No. 81 of 2021. He further submits that co-accused Prince Kumar has already been granted bail by the co-ordinate Bench of this Court and the case of present petitioner stands on similar footing. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.35186 of 2022(3) dt.27-09-2022 3/3 learned Chief Judicial Magistrate, Lakhisarai in connection with Piri Bazar P.S. Case No. 68 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) shahzad/- U T