Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59796 of 2021 Arising Out of PS. Case No.-39 Year-2021 Thana- BAJPATTI District- Sitamarhi ====================================================== RAJA KUMAR Son of Umashankar Ray @ Umashankar Prasad Yadav Resident of Village - Sandwara, P.S.- Bajpatti, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Adv.

For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-04-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

A supplementary affidavit, carrying out necessary correction in the main application, has been filed on behalf of the petitioner, which forms part of this application. The petitioner seeks bail in a case registered for the offence under Sections 394 of the Indian Penal Code. Some unknown persons are alleged to have snatched the bag of the informant and on protest being made, they fired upon him due to which he sustained injury. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the

Patna High Court CR. MISC. No.59796 of 2021(3) dt.12-04-2022 2/3 petitioner has not been named in the F.I.R. but merely on the basis of confessional statement of the co-accused, Vipin Kumar, he has been made accused in this case. Neither anything incriminating has been recovered from the conscious possession of the petitioner nor the petitioner has been put on T.I.P. till date. The petitioner is rotting in judicial custody since 10.06.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned Court below where the case is pending in connection with Bajpatti P.S. Case No. 39 of 2021 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

Patna High Court CR. MISC. No.59796 of 2021(3) dt.12-04-2022 3/3

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T