Sintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50660 of 2024 Arising Out of PS. Case No.-207 Year-2023 Thana- PRATAPGANJ District- Supaul ====================================================== Sintu Kumar, Son of Vindeshwari Yadav, R/O- Barmotra, Mahinathpur, P.S. Raghopur, Distt.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-07-2024 Heard Mr. Nafisuzzoha, learned Advocate for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail, who is in custody in connection with Pratapganj P.S. Case No. 207 of 2023 registered for the offence punishable under Section 392 of the Indian Penal Code.

3. While the informant was returning to his home, in the meantime, three miscreants riding on a motorcycle came there and surrounded him. On the point of pistol, the miscreants looted away his two wheeler and some valuables.

4. Learned Advocate for the petitioner contended that the present FIR has been instituted against unknown miscreants. However, subsequently, the petitioner was arrested in connection with Pratapganj P.S. Case No. 186 of 2023 and after

Patna High Court CR. MISC. No.50660 of 2024(2) dt.24-07-2024 2/3 recording his confessional statement, he has been remanded in the present case. It is further contended that the petitioner was remanded in this case on 13.03.2024, however, till date he has neither been put on test identification parade nor any incriminating material has been recovered from his person or possession. Moreover, the investigation of the crime is complete and charge-sheet has been submitted. It is lastly contended that though the petitioner is made accused in three other criminal cases, however, as per the instructions, submitted at bar the petitioner is on bail in all the three cases.

5. On the other hand, learned APP for the State opposes the bail application and submits that the petitioner has confessed his crime.

6. Regard being had to the submissions made on behalf of the parties and considering the fact that despite the incarceration of the petitioner since 13.03.2024, he has neither been put on test identification parade nor any incriminating material has been recovered, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Birpur at Supaul in connection with Pratapganj P.S. Case No.

Patna High Court CR. MISC. No.50660 of 2024(2) dt.24-07-2024 3/3 207 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) Jyoti/uday/- U T