Anil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42399 of 2022 Arising Out of PS. Case No.-49 Year-2022 Thana- AKHODHIGOLA District- Rohtas ====================================================== Anil Singh S/O Late Rahubar Singh Resident of Village- Lalganj, P.S.- Sasaram (M) District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chhote Lal Mishra, Advocate For the Opposite Party/s :

Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-11-2022 Learned counsel for the petitioner is permitted to remove the defects, as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned APP for the State in Virtual Court proceeding. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code.

The F.I.R. of the occurrence of theft is against unknown.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case only on the basis of confessional statement of co-accused Mukesh Kumar. He further submits

Patna High Court CR. MISC. No.42399 of 2022(2) dt.11-11-2022 2/3 that nothing has been recovered from the possession of the petitioner or the house of the petitioner rather recovery has been made from the house of co-accused Ritesh Kumar @ Guddu Kumar on the basis of information furnished by co-accused Mukesh Kumar. He further submits that the petitioner is not named in the F.I.R and he has no concern at all with the alleged recovery or the co-accused person.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Akorhigola P.S. Case No. 49 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other 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 and

Patna High Court CR. MISC. No.42399 of 2022(2) dt.11-11-2022 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T