Abhinandan Singh @ Nandan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37449 of 2022 Arising Out of PS. Case No.-170 Year-2021 Thana- SAHAR District- Bhojpur ====================================================== Abhinandan Singh @ Nandan, Son of Manoj Singh R/o Village- Husariya, P.S.- Barhara, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Adv.

For the Opposite Party/s :

Mr. Lalan Kumar, 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 Sahar P.S. Case No. 170 of 2021, lodged under Section 392 of the Indian Penal Code.

As per the prosecution case, the allegation of robbery against the 2 unknown persons is there in the F.I.R. Learned counsel for the petitioner submits that name of petitioner has figured in this case by virtue of confessional statement of co-accused namely Sanjay Kumar Singh. He further submits that nothing incriminating has been recovered from the possession of petitioner, nor he was put on TIP. He

Patna High Court CR. MISC. No.37449 of 2022(2) dt.22-09-2022 2/3 further submits that petitioner is in custody since 06.05.2022, charge sheet has already been filed in this case. On the point of criminal antecedent, learned counsel for the petitioner submits that there are 2 criminal cases pending against the petitioner. He further submits that due to inadvertence, in the order sheet the Sessions Judge has communicated that there are 3 criminal cases pending, which he has explained in paragraph no.3 of the petition. Learned counsel for the petitioner further submits that petitioner is on bail in both the cases and ready to fulfill all the conditions whatsoever, shall be imposed upon him by the Court. 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 Additional Chief Judicial MagistrateVI, Bhojpur at Ara in connection with Sahar P.S. Case No. 170 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

Patna High Court CR. MISC. No.37449 of 2022(2) dt.22-09-2022 3/3 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 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