Subham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37493 of 2020 Arising Out of PS. Case No.-191 Year-2020 Thana- TEGHRHA District- Begusarai ====================================================== SUBHAM KUMAR S/o Late Subodh Kumar Gupta R/o Village- Chaklalsahi Chawk, P.S.- Tajpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr.Vijay Anand For the State :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-02-2021 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is in custody since 12.08.2020 in connection with Teghra P.S. Case No. 191 of 2020 registered for the offences punishable under Sections 392 of the Indian Penal Code.

As per the F.I.R., four unknown miscreants intercepted the Bolero pick up van of the informant and committed loot of the goods.

Mr. N.K. Agrawal, learned Senior Counsel, appearing on behalf of the petitioner submitted that petitioner is not named in the FIR. It is further submitted that during the course of investigation, no looted article or incriminating material has

Patna High Court CR. MISC. No.37493 of 2020(2) dt.02-02-2021 2/3 been recovered from the petitioner and only on the basis of suspicion, the petitioner has been made accused in this case. It is next submitted that similarly situated co-accused Sharwan Kumar @ Sarvan Kumar Singh has been granted bail by this Hon'ble Court vide order dated 02.02.2020 passed in Cr. Misc. No. 37313 of 2020. Petitioner has got clean antecedent and he is in custody since 12.08.2020.

Considering the aforesaid facts and circumstances, the bail petition of the petitioner is allowed. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Teghra P.S. Case No. 191 of 2020, subject to 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 on his absence on two consecutive dates without sufficient reason, his bail-bonds shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case, the prosecution will be at liberty to

Patna High Court CR. MISC. No.37493 of 2020(2) dt.02-02-2021 3/3 move for cancellation of bail.

(Prabhat Kumar Singh, J) Saif/- U T