Patna High CourtCR. MISC./44278/2023bail granted

Tuntun Kumar @ Tuntun Yadav v. The State Of Bihar

2023-07-26Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44278 of 2023 Arising Out of PS. Case No.-111 Year-2023 Thana- HARNAUT District- Nalanda ====================================================== Tuntun Kumar @ Tuntun Yadav Son Of Munarik Yadav Resident Of Village - Porai, P.S.- Harnaut, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Chandra, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-07-2023 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 Harnaut P.S. Case No. 111 of 2023 dated 18.02.2023 registered for the offences u/ss 394 of the Indian Penal Code and after investigation chargesheet has been submitted under sections 394, 395, 397 and 412 of the Indian Penal Code .

4. As per the prosecution case, 3-4 unknown miscreants are alleged to have snatched the bag of the informant

Patna High Court CR. MISC. No.44278 of 2023(2) dt.26-07-2023 2/3 containing Rs. 95000/- and they also withdrew Rs. 8500 /- from his phone pay.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has surfaced in this case on mere suspicion. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has 13 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 25.02.2023.

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, Nalanda at Biharsharif in connection with Harnaut P.S. Case No. 111 of 2023, with the condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.44278 of 2023(2) dt.26-07-2023 3/3 cause, the bail bond of the petitioner is liable to cancelled.

8. The application stands allowed.

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