Patna High CourtCR. MISC./43575/2023bail granted

Sandeep Kumar v. The State Of Bihar

2023-07-31Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43575 of 2023 Arising Out of PS. Case No.-89 Year-2020 Thana- LODIPUR District- Bhagalpur ====================================================== SANDEEP KUMAR Son of Late Pramod Mandal Resident of village - Ziyauddin pur Chaunka, P.S. - Industrial Area, Distt. - Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Swapnil Kumar Singh, Advocate For the Opposite Party/s :

Mr.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Lodipur P.S. Case No. 89 of 2020 dated 12.05.2020 registered for the offences punishable u/ss 392, 395 and 412 of the Indian Penal Code.

4. As per the prosecution case, 3 to 4 unknown miscreants are alleged to have looted mobile and money from the truck's driver after assaulting.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.43575 of 2023(2) dt.31-07-2023 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused Raj Kumar Yadav. Nothing has been recovered from the possession of the petitioner. The co-accused person has already been granted bail by the Coordinate Bench of this court vide order dated 23.06.2021 passed in Cr. Misc. No. 7755 of 2021. The petitioner is also accused in six other criminal cases and he is on bail in all the cases as stated in para 3 of the bail petition. The petitioner is in custody since 09.11.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with Lodipur P.S. Case No. 89 of 2020 with the condition :-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on

Patna High Court CR. MISC. No.43575 of 2023(2) dt.31-07-2023 3/3 two consecutive dates without reasonable cause, his bail bonds are liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T