Patna High CourtCR. MISC./43044/2024bail granted

Saroj Kumar @ Sanoj Kumar @ Suyiya v. The State Of Bihar

2024-07-20Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43044 of 2024 Arising Out of PS. Case No.-274 Year-2022 Thana- CHANDI District- Bhojpur ====================================================== Saroj Kumar @ Sanoj Kumar @ Suyiya son of Uma Shankar Singh VillageSalempur Ps- Chandi Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Chandi P.S. Case No. 274 of 2022, lodged on 28.10.2022 under Section 392 of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against four unknown accused persons with an allegation of committing loot of a motorcycle and a mobile from the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the name of the petitioner has been figured in this case only by virtue of confessional statement of the coaccused. Counsel further submits that nothing incriminating has

Patna High Court CR. MISC. No.43044 of 2024(2) dt.20-07-2024 2/3 been recovered from the petitioner's possession nor he was put on TIP. Counsel submits that the criminal antecedent of the petitioner is not clean and there is one criminal case pending against him in which he is on bail. The petitioner is in custody since 21.03.2024 in the present case. Counsel also submits that other co-accused persons have been granted bail by this Court vide order dated 17.02.2024 passed in Cr. Misc. No.5320 of 2024 as well as by the Co-ordinate Bench of this Court vide order dated 11.05.2023 passed in Cr. Misc. No. 11535 of 2023. Counsel further submits that the offence in which the case has been filed is of magisterial triable.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the petitioner's name has been figured in this case by virtue of confessional statement of the co-accused and recovery of motorcycle and other goods subject to robbery has been recovered.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at

Patna High Court CR. MISC. No.43044 of 2024(2) dt.20-07-2024 3/3 Ara in connection with Chandi P.S. Case No. 274 of 2022, subject to the conditions as laid down U/s 437(3) Cr.P.C.

7. However, the petitioner shall be granted bail only on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows:- (I)- Udawantnagar P.S. Case No. 543 of 2022.

(Dr. Anshuman, J) Divyansh/- U T