Makhan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45297 of 2021 Arising Out of PS. Case No.-372 Year-2020 Thana- BAKHARI District- Begusarai ====================================================== MAKHAN KUMAR S/o GANESH YADAV R/o VILLAGE AND P.SDANDARI, DISTRICT-BEGUSARAI. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukund Kumar, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 21-03-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner, who is in custody since 04.03.2021, seeks regular bail in connection with Bakhri P.S. Case No. 372 of 2020 registered for offences punishable under Section 392 of the Indian Penal Code.
Allegation is against unknown persons having committed loot of Rs. 11370/-.
Learned counsel appearing on behalf of the petitioner submits that his name has surfaced in the present case on the basis of confessional statement of one co-accused namely, Niraj Kumar. Petitioner is in custody since 04.03.2021.
Patna High Court CR. MISC. No.45297 of 2021(3) dt.21-03-2022 2/3 Learned A.P.P., for the State has opposed the prayer for grant of bail to the petitioner. He submits that petitioner is one of the co-accused who is engaged in robbing the finance companies' staffs and he has also been made accused in similar cases.
Without going into the merits of the case, the petitioner, above named, is directed to be enlarged on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Bakhri P.S. Case No. 372 of 2020 subject to the following conditions:
(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall
Patna High Court CR. MISC. No.45297 of 2021(3) dt.21-03-2022 3/3 take steps to cancel his bail bond.
(v) The Court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will loose its force automatically. (Purnendu Singh, J) Niraj/- U T