Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 37560 of 2023 Arising Out of PS. Case No.-350 Year-2022 Thana- BARH District- Patna ====================================================== Bablu Kumar S/O Bhola Chaudhary R/O Village- Shanti Tola Berhna, PS. Barh, Dist. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tej Narayan Singh, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-07-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Barh P.S. Case No. 350 of 2022 dated 08.06.2022, lodged under Sections 461 & 379 of the I.P.C.

4. As per the prosecution case, the F.I.R. has been lodged against unknown accused persons.

5. Learned counsel for the petitioner submits that the name of the petitioner has figured in this case by virtue of suspicion, as one mobile is alleged to be recovered from the possession of the petitioner. Counsel submits that there is one criminal case pending against the petitioner. Counsel also

Patna High Court CR. MISC. No. 37560 of 2023(2) dt.05-07-2023 2/3 submits that the petitioner is in custody since 13.07.2022. Counsel further submits that the offences in which petitioner has been charged is magisterial triable in nature.

6. Learned counsel for the State opposes the prayer for bail.

7. 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., Barh (Patna) in connection with Barh P.S. Case No. 350 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 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

Patna High Court CR. MISC. No. 37560 of 2023(2) dt.05-07-2023 3/3 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.

8. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T