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Patna High CourtCR. MISC./37310/2025bail granted

Sujeet Kumar v. The State Of Bihar

2025-06-30Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37310 of 2025 Arising Out of PS. Case No.-591 Year-2021 Thana- PATLIPUTRA District- Patna ====================================================== Sujeet Kumar S/O Arjun Yadav Resident of Village- Kurji More, Gate No. 65, P.S.- Digha, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-06-2025 Heard Mr. Akhauri Kamal Kishore Sahay, learned counsel for the petitioner and Mr. Navin Kumar Pandey, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 13.12.2021, in connection with Sessions Trial/CIS No. 904 of 2022 arising out of Patliputra P.S. Case No. 591 of 2021, F.I.R. dated 15.11.2021 registered for the offences punishable under Section 395 of the Indian Penal Code.

3. Earlier the prayer for bail of the petitioner was rejected four times vide orders dated 29.04.2023, 05.01.2024, 27.09.2024 and 25.04.2025 passed in Cr. Misc. Nos. 36053 of 2022, Cr. Misc. No. 60697 of 2023, Cr. Misc. No. 55908 of 2024 and Cr. Misc. No. 28317 of 2025 respectively.

4. Learned counsel for the petitioner submits that the

2/4 petitioner is in custody since 13.12.2021 and the trial is not in progress. In fact, the charge has been framed in the present case on 25.01.2023. Learned counsel for the petitioner further submits that in the present case altogether only three witnesses is there and the Informant and I.O. have been examined. P.W. 3 has been examined on 06.06.2024 but the same was not concluded and the same was differed for further examination and till date his examination was not concluded by the learned Trial court on the ground that other co-accused persons have not appeared during the trial. He further submits that other coaccused persons have been granted bail by this Court or by a Coordinate Bench of this Court and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 13.12.2021. In fact, the petitioner was arrested on 27.11.2021 in connection with Patliputra P.S. Case No. 625 of 2021 and on the basis of self confessional statement he has been remanded in the present case.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries three more cases other than the present one, out of three cases, the

3/4 petitioner is on bail in two cases and apart from that on the basis of confessional statement of the petitioner Rs. 4,80,000/- (Four lacs and Eighty Thousand) and one Vivo mobile was recovered from the house of his father-in-law where the wife of the petitioner resides.

6. Considering the facts and circumstances of the case as well as period of custody and report of the learned Trial Court which was mentioned in the impugned order, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XX, Patna in connection with Sessions Trial/CIS No. 904 of 2022 arising out of Patliputra P.S. Case No. 591 of 2021, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U