Harsh Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48296 of 2022 Arising Out of PS. Case No.-53 Year-2022 Thana- NARPATGANJ District- Araria ====================================================== Harsh Srivastava S/O- Jitendra Kumar Srivastava, Resident Of Village - Madhura Dakshin, P.S.- Narpatganj, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tej Kumar Maharaj, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-02-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Narpatganj P.S. Case No. 53 of 2022 lodged under Section 392 of the I.P.C.

As per the prosecution, F.I.R. has been lodged against unknown persons and the loot of Rs.4,20,000/- has been made from the dicky of the informant's motorcycle. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel further submits that antecedent of the petitioner is clean and he is in custody since 01.03.2022. Counsel further submits that

Patna High Court CR. MISC. No.48296 of 2022(2) dt.21-02-2023 2/3 nothing was recovered from possession of the petitioner and he was not put on T.I.P.. He further submits that the name of the petitioner has figured in this case only and only by virtue of CDR location and there is mere suspicion only against the petitioner.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case No. 53 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the

Patna High Court CR. MISC. No.48296 of 2022(2) dt.21-02-2023 3/3 petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U