Neeraj Kumar @ Kalwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3604 of 2021 Arising Out of PS. Case No.-154 Year-2019 Thana- SULTANGANJ District- Bhagalpur ====================================================== Neeraj Kumar @ Kalwa, son of Late Naresh Prasad Singh, Resident of Village- Begampur, Rataitha, P.S.- Haveli Kharagpur, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Jha, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 28-06-2021 The matter has been taken up today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned Counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Sultanganj P.S. Case No.154 of 2019 registered for the offence punishable under Section 392 of the I.P.C.

The informant has alleged that while he was on way, 4-5 masked persons on an Ambassador vehicle have overtaken him. They were armed and have snatched some cash, mobile

Patna High Court CR. MISC. No.3604 of 2021(3) dt.28-06-2021 2/3 phone, a bag and some documents which the informant was carrying in his possession.

It is submitted by the petitioner's counsel that the F.I.R. is against unknown persons. The petitioner's name has been stated by co-accused Sajan Kumar and Vinit Kumar, both have been declared juvenile. On the basis of their statement, one co-accused Rupesh Kumar was apprehended from whom mobile phone was recovered. He has been allowed bail in B.P. No.247 of 2021 under order dated 11.06.2021. From the petitioner, there is no recovery of any incriminating material. The petitioner continues to be in custody since 19.08.2020.

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

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st, Bhagalpur, in connection with Sultanganj P.S. Case No.154 of 2019, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who

Patna High Court CR. MISC. No.3604 of 2021(3) dt.28-06-2021 3/3 will give an affidavit giving genealogy as to how he is related with the petitioner.

The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T