Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42793 of 2023 Arising Out of PS. Case No.-122 Year-2022 Thana- JADIA District- Supaul ====================================================== SUMAN KUMAR Son of Chhutahru Yadav Resident of village - Kumiyahi ward no. 11 (Simariya Triveniganj), P.S. - Triveniganj, Distt. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhim Kumar Yadav For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-07-2023 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. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Jadia P.S. Case No. 122 of 2022 dated 16.5.2022 registered for the offence punishable u/s 392 of the Indian Penal Code.

As per the prosecution case, three unknown miscreants boarded on a motorcycle came and stopped the informant's motorcycle and snatched Rs. 1000/-, Aadhar Card and other articles and took the motorcycle of the informant and

Patna High Court CR. MISC. No.42793 of 2023(2) dt.21-07-2023 2/3 fled away.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR rather his name has been transpired only on the basis of his self-confessional statement. The petitioner is accused in 5 other criminal cases in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 23.12.2022.

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

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, Supaul in connection with Jadia P.S. Case No. 122 of 2022 with the condition:-

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

Patna High Court CR. MISC. No.42793 of 2023(2) dt.21-07-2023 3/3 failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled. The application stands allowed.

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