Ponga @ Aayush Kumar @ Poga v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40463 of 2022 Arising Out of PS. Case No.-631 Year-2021 Thana- SASARAM NAGAR District- Rohtas ====================================================== Ponga @ Aayush Kumar @ Poga Son of Satyendra Prasad Gupta Resident of village- Karwandiya, PS- Sasaram(M) District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mithilesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-09-2022 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 Sasaram (Town) P.S. Case No. 631 of 2021 lodged under Sections 379, 341, 323, 506/34 of the I.P.C.

As per the prosecution case, the informant who is an employee of a private company, was going in his Bolero vehicle then 4 unknown persons overtook him and stopped his car and claimed that the another driver of the company has dashed one motorcycle. Those persons have also kept the I.D. of the said Kamal Kant. Thereafter, 3 persons set in the car, upon which anyhow the informant fled away from the place and along with

Patna High Court CR. MISC. No.40463 of 2022(2) dt.30-09-2022 2/3 other officials, he visited to police station and lodged the case against them. Learned counsel for the petitioner submits that petitioner has been remanded at the instance of police. He submits that F.I.R. has been lodged against 4 unknown persons. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 13.12.2021 having 3 criminal antecedents and he is on bail in two cases and in the third case, he has not been remanded till date. Learned counsel further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him. 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 C.J.M., Rohtas at Sasaram in connection with Sasaram (Town) P.S. Case No. 631 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

Patna High Court CR. MISC. No.40463 of 2022(2) dt.30-09-2022 3/3 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 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.) ashishsingh/- U T