Saurabh Suman @ Saurabh Kumar @ Alien v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59080 of 2024 Arising Out of PS. Case No.-160 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== Saurabh Suman @ Saurabh Kumar @ Alien Son Of Late Ram Yatan R/VKhokshaha, P.S.- Bibhutipur, Distt.- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raja Ram Mishra, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-10-2024 Heard the parties.
2. The petitioner is in judicial custody in connection with Bibhutipur P.S. Case No. 160 of 2023 for the offences punishable under Section 394, 411, 414 and 120(B) of the Indian Penal Code, lodged on 02.05.2023 by the informant, Neeraj Kumar.
3. As per the prosecution story, on the point of pistol, the informant was intercepted and relieved of mobile as also the cash. Accordingly, the F.I.R.
4. Learned counsel for the petitioner submits that the police arrested and has seized a mobile which actually belongs to other co-accused person and is not the looted property. It is his further submission that despite he being in custody since 09.06.2023 (as stated in paragraph no.1 of the petition), no T.I.
Patna High Court CR. MISC. No.59080 of 2024(4) dt.18-10-2024 2/3 Parade has been conducted.
5. Learned APP for the State opposes the prayer for bail.
6. Taking into account the submissions put forward by the learned counsel for the petitioner, he is in custody since 09.06.2023, no T.I. Parade has been conducted, this Court is inclined to extend him the privilege of bail.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Rosera, Samastipur in connection with Bibhutipur P.S. Case No. 160 of 2023, subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next one year to mark his
Patna High Court CR. MISC. No.59080 of 2024(4) dt.18-10-2024 3/3 attendance;
(iv) the petitioner shall in now way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) vinayak/- U T