Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7709 of 2021 Arising Out of PS. Case No.-22 Year-2020 Thana- BIHARIGANJ District- Madhepura ====================================================== PRINCE KUMAR, SON OF LATE ARUN SAH, RESIDENT OF VILLAGESHASTRI CHOCK WARD No.08, P.S.- BIHARIGANJ, DISTRICTMADHEPURA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma, Adv.

For the Opposite Party/s :

Mr.Sanjay Kr. Tiwari I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. Allegation against the petitioner alongwith other accused persons is said to have snatched Rs.49,625/- from the informants and fled away.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and falsely

Patna High Court CR. MISC. No.7709 of 2021(2) dt.22-06-2021 2/3 been implicated in this case. The petitioner is not named in the FIR. On the basis of confessional statement of co-accused he has been made accused in this case. There is no any incriminating articles has been recovered from the conscious possession of the petitioner and there is no T.I. Parade till date. The petitioner is languishing in judicial custody since 17.02.2020. The petitioner has got two criminal antecedents which is mentioned in para 3 of the bail petition. The coaccused have been granted bail by the Co-ordinate Benches of this Court vide in Cr. Misc. No.38523/2020 and Cr. Misc. No.38998/2020.

Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Bihariganj P.S. Case No. 22/2020 to the satisfaction of learned Court below where the case is pending; subject to the following conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother brother, sister and/or his wife.

Patna High Court CR. MISC. No.7709 of 2021(2) dt.22-06-2021 3/3

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) amitkumar/- U T