Suraj Kumar @Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41017 of 2024 Arising Out of PS. Case No.-199 Year-2023 Thana- HALSI District- Lakhisarai ====================================================== Suraj Kumar @Prince Kumar S/O Arjun Yadav R/O Village Sikandara, P.S. Sikandara, Distt-Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar, Advocate For the State :
Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-07-2024 Heard Mr. Mukesh Kumar, learned counsel for the petitioner and Mr. Pawan Kumar Chaurasia, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Halsi P.S. Case No. 199 of 2023, F.I.R. dated 01.08.2023 for the offences punishable under Sections 379 and 34 of the Indian Penal Code.
3. According to prosecution case, petitioner along with other co-accused persons are said to have theft the informant's samarsable and starter.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that petitioner is not named in the FIR the name of the petitioner has been transpired during the
Patna High Court CR. MISC. No.41017 of 2024(2) dt.03-07-2024 2/3 investigation on the basis of the confessional statement of the co-accused persons and except the aforesaid no other cogent material has come during the investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that from a bare perusal of the FIR it appears that nothing has been recovered from the possession of the petitioner rather recovery has been made from the possession of the co-accused person.
5. Learned Additional Public Prosecutor for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries two criminal antecedents other than the present one but fairly submits on the basis of the paragraph no.3 of the bail petition that the petitioner in on bail in the pending matters..
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Lakhisarai in connection with Halsi P.S. Case No. 199 of 2023, subject to the conditions as laid down under Section
Patna High Court CR. MISC. No.41017 of 2024(2) dt.03-07-2024 3/3 438(2) of the Code of Criminal Procedure and with other following conditions:- i. 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. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. 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 antecedent, 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) ajay/- U T