Bharat Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54304 of 2023 Arising Out of PS. Case No.-209 Year-2023 Thana- RAJIVNAGAR District- Patna ====================================================== 1.
BHARAT KUMAR SON OF SULENDRA RAM RESIDENT OF VILLAGE- MANICHAK SURYA MANDIR KE PASS, TAREGNA ROAD, MASAUDHI, PS- MASAUDHI, DIST- PATNA 2.
STYAJIT KUMAR @ SATYAJIT KUMAR @ STAYAJIT KUMAR SON OF SULENDRA RAM RESIDENT OF VILLAGE- MANICHAK SURYA MANDIR KE PASS, TAREGNA ROAD, MASAUDHI, PS- MASAUDHI, DIST- PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dimpal Kumari For the Opposite Party/s :
Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-08-2023 Heard the parties.
2. The petitioners are in judicial custody in connection with Rajeev Nagar P.S. Case No. 209 of 2023, instituted under Sections 356, 379 of I.P.C. lodged on 14.04.2023, by the informant, Pramila Singh.
3. As per the prosecution story, the allegation is that when the informant was on morning walk, two accused persons came on motorcycle snatched her golden chain being 10 grams and fled away. Accordingly the F.I.R.
4. Learned counsel for the petitioners submits that though they are is in custody since 29.04.2023, no T.I. Parade
Patna High Court CR. MISC. No.54304 of 2023(2) dt.24-08-2023 2/3 conducted till the filing of the petition and further the recovery of part of the golden chain is, place at Masaurhi, which has nothing to do with them.
5. Learned APP opposes the prayer for bail stating therein that they have criminal antecedents.
6. Considering the submission put forward by learned counsel for the petitioners, they are in custody since 29.04.2023 and no T.I. Parade has been conducted, this Court is inclined to grant them privilege of bail
7. Let both the petitioners be released on bail on furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Rajeev Nagar P.S. Case No. 209 of 2023, to the satisfaction of learned A.C.J.M.-IInd Patna, subject to following conditions: (i) one of the bailor should be the family member of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial court itself, (iii) the petitioners shall appear before the concerned
Patna High Court CR. MISC. No.54304 of 2023(2) dt.24-08-2023 3/3 police station every fortnight for next one year to mark attendance;
(iv) the petitioners shall in no 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 their bail bonds;
(v) the petitioners shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) sanjeev/- U T