Sunil Kumar @ Sunil Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37098 of 2022 Arising Out of PS. Case No.-124 Year-2021 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Sunil Kumar @ Sunil Kushwaha Son of Sohindra Bhagat, Resident of Village-Bhandari, Police Station-Belsand, District- Sitamarhi (Bihar) ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Smiti Bharti, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-09-2022 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 Runni Saidpur P.S. Case No. 124 of 2021 lodged under Section 392 of Indian Penal Code.
As per prosecution, there is allegation of robbery against the unknown accused persons.
Learned counsel for the petitioner submits that nothing incriminating has been recovered from the possession of the petitioner and petitioner was not put on T.I.P. He further submits that petitioner is in custody since 07.03.2022 and charge sheet has already been filed in this case. He further submits that there are 3 criminal cases pending against the petitioner in which he is on bail.
Patna High Court CR. MISC. No.37098 of 2022(2) dt.22-09-2022 2/3 Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of the 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, Sitamarhi in connection with Runnisaidpur P.S. Case No. 124 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.
B. One of the bailors shall be close relative who shall file an 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
Patna High Court CR. MISC. No.37098 of 2022(2) dt.22-09-2022 3/3 bail bond.
Speedy trial is the constitutional vision of justice. Admittedly, there are 4 criminal cases pending against the petitioner, out of 4 cases, 2 cases are of Sitamarhi and 2 cases are of Sheohar. In one case of Sheohar, petitioner was convicted but in Sitamarhi, 2 cases are pending, the details are as follows:
1. Runni Saidpur P.S. Case No. 162 of 2021,
2. Runni Saidpur P.S. Case No. 124 of 2021.
Let the District and Sessions Judge, Sitamarhi is directed to do the needful, so that all the cases which are magisterial triable or sessions triable prior to commitment shall run before one Magistrate with one date and all sessions cases after commitment shall run before one session court with one date.
Let the copy of this order be communicated to the District and Sessions Judge, Sitamarhi for his perusal and necessary compliance.
With these observations, the bail application stands allowed.
(Dr. Anshuman, J.) ravishankar/- U T