Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38156 of 2022 Arising Out of PS. Case No.-10 Year-2022 Thana- LAURIA District- West Champaran ====================================================== Anil Kumar Son of Prabhu Prasad, R/o Village- Jamuniya Naya Tola, P.S.- Jagdishpur, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sachida Nand Rai, Adv.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-09-2022 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 through virtual mode.

The petitioner seeks regular bail in connection with Lauriya P.S. Case No. 10 of 2022, lodged under Section 392 of the Indian Penal Code.

As per the prosecution case, the allegation of robbery against 3 to 4 unknown accused persons is there in the F.I.R. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. He further submits that name of petitioner has figured in this case by virtue of confessional statement of co-accused. He also submits that in the present case petitioner has been remanded. Learned counsel

Patna High Court CR. MISC. No.38156 of 2022(2) dt.23-09-2022 2/3 for the petitioner further submits that petitioner is in custody since 23.02.2022, charge sheet has already been filed in this case. He further submits that there are 5 criminal cases pending against the present petitioner and in all cases he is on bail. He further submits that petitioner is 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 Magistrate1st, Bettiah, District West Champaran in connection with Lauriya P.S. Case No. 10 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

Patna High Court CR. MISC. No.38156 of 2022(2) dt.23-09-2022 3/3 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