Sukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50727 of 2024 Arising Out of PS. Case No.-24 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Sukesh Kumar S/o Sankar Chaudhary @ Shnkar Chaudhari, R/o VillageDhekaha Bisunpur, P.S- Piprakothi, Distt.- East Champarn. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail, who is in custody in connection with Muffasil P.S. Case No. 24 of 2023 registered for the offence punishable under Section 392 of the Indian Penal Code.

3. While the informant was coming to his house on a motorcycle, in the meantime, three persons boarded on a motorcycle overtook the motorcycle of the informant and on the point of pistol, looted away his motorcycle and other valuables.

4. Learned counsel for the petitioner contended that the FIR has been instituted against unknown miscreants, however, during the course of investigation, one of the co-

Patna High Court CR. MISC. No.50727 of 2024(2) dt.24-07-2024 2/3 accused persons, namely, Guddu Sahani was apprehended and on the basis of his confession, the name of the petitioner has sprung up. The petitioner has been incarcerated since 07.03.2024 but till date neither the petitioner has been put on T.I. parade nor any incriminating material has been recovered showing complicity of the petitioner in the present crime. Moreover, barring the confession, which is hit by Section 25 of the Indian Evidence Act, there is no other material. It is also the contention of the petitioner that on being apprehended in this case, the petitioner has been remanded in other identical matters.

5. On the other hand, learned counsel for the State vehemently opposed the bail application and submitted that the petitioner is a habitual offender indulged in identical nature of crime.

6. Regard being had to the submissions made on behalf of the parties and considering the fact that the name of the petitioner has come on the confessional statement and barring the confessional statement, there is no other material, coupled with the fact that the petitioner has been incarcerated since 07.03.2024 and now the investigation of the crime is complete, let the petitioner, named above, be released on bail on

Patna High Court CR. MISC. No.50727 of 2024(2) dt.24-07-2024 3/3 furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Motihari, East Champaran in connection with Muffasil P.S. Case No. 24 of 2023, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J) rohit/- U T