Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41321 of 2022 Arising Out of PS. Case No.-151 Year-2022 Thana- ARWAL District- Jehanabad ====================================================== Bablu Kumar S/O Chanesar Rai @ Suresh Yadav @ Suresh Prasad R/o Village and P.O.- Belkhara, P.S.- Karpi (Sahar Telpa O.P), District- Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Piyush Saurav, Advocate Mr. Abhishek Mishra, Advocate Mr.Sanjeev Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 14-10-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceeding. Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Arwal P.S. Case No. 151 of 2022 registered for the alleged offences under Sections 379 and 414 of the Indian Penal Code.

As per prosecution case, the co-accused Munna Yadav was apprehended with a stolen motorcycle and he disclosed that he had purchased the motorcycle from this petitioner. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.41321 of 2022(2) dt.14-10-2022 2/3 petitioner was not apprehended from the spot and nothing incriminating has been recovered from his conscious possession. He has been apprehended on the basis of statement of coaccused before the police. The petitioner surrendered, on coming to know about the fact that he has been named in this case, on 09.05.2022. The petitioner is having clean antecedent and charge sheet has been submitted in this case. Learned APP for the State opposes the prayer for bail of the petitioner.

Having regard to the submission made on behalf of the petitioner and considering the fact that no recovery has been shown from this petitioner and charge sheet has been submitted and also considering his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in connection with Arwal P.S. Case No. 151 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

Patna High Court CR. MISC. No.41321 of 2022(2) dt.14-10-2022 3/3 (ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Gautam/- U T