Shravan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60938 of 2021 Arising Out of PS. Case No.-22 Year-2021 Thana- JADIA District- Supaul ====================================================== SHRAVAN KUMAR S/o MAHESHWARI MANDAL R/o VILLAGEPARSA GARHI, P.S- JADIA, DISTRICT-SUPAUL. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Goutam For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-02-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in virtual court proceeding.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Jadia P.S. Case No. 22 of 2021 registered for the offence punishable under Section 392 of the IPC.

The FIR of the occurrence of loot is against unknown. Learned counsel for the petitioner submits that petitioner is not named in the FIR and he has falsely been implicated in the present case only on the basis of confessional statement of co-accused and self confessional statement of the

Patna High Court CR. MISC. No.60938 of 2021(2) dt.25-02-2022 2/3 petitioner. He further submits that on the basis of disclosure made by the petitioner some looted articles have been recovered but in the seizure list there is no signature of family member of the petitioner or the occupant of the house. He further submits that co-accused Rajesh Kumar @ Rajesh Kumar Mandal has been granted bail by this court vide order dated 04.01.2022 passed in Cr. Misc. No. 51316 of 2021. He further submits that the police after investigation submitted charge sheet against the petitioner and the petitioner is in custody since 15.04.2021. The learned Additional Public Prosecutor opposed the prayer of bail submitting that petitioner carries two criminal antecedent.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned Additional Chief Judicial Magistrate-V, Supaul in connection with Jadia P.S. Case No. 22 of 2021, subject to 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 absence on two

Patna High Court CR. MISC. No.60938 of 2021(2) dt.25-02-2022 3/3 consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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.

3. 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) shahzad/- U T