Sachin Kumar @ Sachidanand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38044 of 2022 Arising Out of PS. Case No.-262 Year-2021 Thana- RAFIGANJ District- Aurangabad ====================================================== Sachin Kumar @ Sachidanand Kumar Son of Mahesh Das, R/o VillageGandhi Nagar, P.S.- Rafiganj, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr. Uday Pratap Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Rafiganj P.S. Case No. 262 of 2021, lodged under Section 392 of the Indian Penal Code.

As per the prosecution case, the allegation of robbery is there against 4 unknown accused persons.

Learned counsel for the petitioner submits that at the instance of villagers the alleged robbed vehicle was recovered from the place of occurrence. Learned counsel for the petitioner further submits that name of petitioner has been figured in this case by virtue of confessional statement of one Sanjeet Kumar

Patna High Court CR. MISC. No.38044 of 2022(2) dt.23-09-2022 2/3 who was apprehended near the vehicle. Learned counsel for the petitioner further submits that petitioner is in custody since 22.11.2022, having one criminal case pending against him, in which he is on bail. He further submits that the other co-accused person on whose instance the name of petitioner has figured has been granted bail by the Co-ordinate Bench of this Court which is Annexure-2 series.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Rafiganj P.S. Case No. 262 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

Patna High Court CR. MISC. No.38044 of 2022(2) dt.23-09-2022 3/3 B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T