Banti Kumar @ Banti Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39665 of 2023 Arising Out of PS. Case No.-82 Year-2023 Thana- GORIAKOTHI District- Siwan ====================================================== BANTI KUMAR @ BANTI KUMAR SINGH son of Sumant Singh @ Suman Singh Village- Deuriya Parain Tola Ps- Maharajganj Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 07-07-2023 Heard Ld. counsel for the petitioner and Ld. APP for the State.

The petitioner seeks bail in connection with Goreakothi P. S. Case No. 82 of 2023, registered for the offences punishable under Sections 420, 467, 414 and 34 of the Indian Penal Code.

The prosecution case as emerges from the FIR is that during patrolling, the police received information that two miscreants involved in mobile snatching have been apprehended by the public near Punjab National Bank Chitauli. Thereafter, the informant reached there and apprehended one of the miscreants (petitioner) and

2/4 recovered one I-phone and a motor-cycle from him. Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that though the petitioner is named in the F.I.R. but nothing has been recovered from his conscious possession. He also submits that search and seizure has not been made as per the procedure as prescribed under Cr.P.C.

He further submits that the petitioner has been languishing in jail since 23.03.2023.

It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in one more case.

It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, above-

3/4 named, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Judicial Magistrate 1st Class, Siwan, in connection with Goreakothi P. S. Case No. 82 of 2023 on the following conditions: (i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not get hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required. (iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

(iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that

4/4 the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner.

Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) skm/- U