Patna High CourtCR. MISC./43258/2024bail granted

Raja Kumar v. The State Of Bihar

2024-09-27Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43258 of 2024 Arising Out of PS. Case No.-148 Year-2023 Thana- DEWARIA District- Muzaffarpur ====================================================== Raja Kumar son of Ravindra Paswan Resident of Village- Kolhua, Paigambarpur, P.S. Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-09-2024 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Dewaria P.S. Case No. 148 of 2023 dated 27.07.2023, lodged under Section 392 of the Indian Penal Code.

3. Learned Counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 04.04.2024 passed in Cr. Misc. No. 23288 of 2024 with liberty granted to the petitioner to renew his prayer for bail after framing of charge. Counsel submits that the charge has been framed in this case on 16.04.2024. Counsel further submits that the criminal antecedent of the petitioner is clean and he is in custody since 08.01.2024.

4. Learned APP for the State opposes the prayer for

Patna High Court CR. MISC. No.43258 of 2024(4) dt.27-09-2024 2/3 bail of the petitioner and submits that on previous occasion, progress report of the trial has been called for and from the said report, it transpires that charge has been framed and case has been fixed for adducing evidence.

5. In the present facts and circumstances of this case, 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 Additional Chief Judicial Magistrate 5th, Muzaffarpur (West) in connection with Dewaria P.S. Case No. 148 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or

Patna High Court CR. MISC. No.43258 of 2024(4) dt.27-09-2024 3/3 promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Divyansh/- U T