Himanshu Kumar Pandey @ Himanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35393 of 2022 Arising Out of PS. Case No.-116 Year-2022 Thana- BHAGWAN BAZAR District- Saran ====================================================== HIMANSHU KUMAR PANDEY @ HIMANSHU KUMAR RAVINDRA PANDEY Resident of Village- Redh Ekma, P.O.- Ekma, District- Saran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar Singh, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-10-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner seeks bail in a case registered for the offence under Sections 392 of the Indian Penal Code. The petitioner along with others are said to have committed road robbery and snatched away Rs. 5000/- and mobile of the informant on the point of gun.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case merely on the basis of suspicion. He further submits that the petitioner has not been named in the F.I.R. but his name has transpired in this case on the basis of confessional statement

Patna High Court CR. MISC. No.35393 of 2022(2) dt.14-10-2022 2/3 of the co-accused, Sandip Kumar. He further submits that nothing incriminating as alleged in the F.I.R. has been recovered from the possession of the petitioner neither the petitioner has been put on T.I.P. by the prosecution as yet. He further submits that similarly situated co-accused, namely, Sandip Kuamr has already been granted bail by this Court vide order dated 22.09.2022 passed in Cr. Misc. No. 33486 of 2022. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 29.04.2022.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bhagwan Bazar P.S. Case No. 116 of 2022 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the

Patna High Court CR. MISC. No.35393 of 2022(2) dt.14-10-2022 3/3 Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) 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.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T