Prashant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35794 of 2022 Arising Out of PS. Case No.-36 Year-2022 Thana- KUMAR KHAND District- Madhepura ====================================================== Prashant Kumar S/O Bhupendra Yadav Resident of Village- Routa, Ward No. 15, P.S.- Kumarkhand, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar, Adv.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-09-2022 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.

The petitioner seeks regular bail in connection with Kumarkhand P.S. Case No. 36 of 2022 lodged under Section 395 of the I.P.C.

As per the prosecution case, the allegation of dacoity is against unknown persons in the Bihar Gramin Bank. Learned counsel for the petitioner submits that his name has figured in this case by the confessional statement of the co-accused. He further submits that nothing incriminating has been recovered from his possession. He further submits that he was not put on T.I.P. Learned counsel further submits that

Patna High Court CR. MISC. No.35794 of 2022(2) dt.19-09-2022 2/3 petitioner is in custody since 07.04.2022 and at the time of filing, his antecedent is clean but during pendency of the case, the name of the petitioner has remanded in one more case. On instance of police on which he has filed supplementary affidavit today itself. Learned counsel further submits that he is ready to fulfill all the conditions whatsoever shall be imposed upon him by the Court. He further submits that he is basically running a betel shop in a nearby locality.

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 A.C.J.M.-II, Madhepura in connection with Kumarkhand P.S. Case No. 36 of 2022, 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

Patna High Court CR. MISC. No.35794 of 2022(2) dt.19-09-2022 3/3 his bail bond.

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) sadique/- U T