Karan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56852 of 2024 Arising Out of PS. Case No.-16 Year-2024 Thana- SARAIYA District- Muzaffarpur ====================================================== Karan Kumar Son of Laxman Sahni R/V- Kamalpura Paschami Tola, P.S.- Paroo, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Ms. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 21-08-2024 Heard learned Advocate for the petitioner and learned Additional Public Prosecutor for the State.

2. This is an application for grant of bail to the petitioner, who is in custody in connection with Saraiya P.S. Case No. 16 of 2024, registered for the offences punishable under Section 394 of the Indian Penal Code.

3. Allegedly while the informant was going to home after closing his shop, in the meantime, two persons intercepted him and on the point of pistol snatched the mobile, including golden hanumani of Rs.22,000/- as also cash of Rs.18,000/-. It is also alleged that the accused persons assaulted the informant and broken his hand.

4. Learned Advocate for the petitioner contended that the FIR has been instituted against unknown miscreants,

Patna High Court CR. MISC. No.56852 of 2024(2) dt.21-08-2024 2/3 however while the petitioner was in custody in connection with Saraiya P.S. Case No. 21 of 2024, he has been remanded in the present case on 01.03.2024 and since then he is in custody. Neither the petitioner has been put on Test Identification Parade nor any incriminating material has been recovered from his possession. Now the investigation of the crime is complete and the charge sheet has been submitted

5. On the other hand, learned APP for the State opposes the bail application and submits that the petitioner is carrying three criminal antecedent over his head.

6. Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioner has been remanded from Saraiya P.S. Case No. 21 of 2024, coupled with the fact that the petitioner has neither been put on Test Identification Parade nor any incriminating material has been recovered, moreover, the investigation of the crime is complete and the chargesheet has been submitted, let the petitioner, abovenamed, 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 ACJM-IV (West), Muzaffarpur in connection with Saraiya P.S. Case No. 16 of 2024, subject to the condition that one of the bailors shall

Patna High Court CR. MISC. No.56852 of 2024(2) dt.21-08-2024 3/3 be the own/close family members 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.

(v) 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 immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.

(Harish Kumar, J) Anjani/- U T