Sajjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52322 of 2022 Arising Out of PS. Case No.-900 Year-2020 Thana- MADHEPURA District- Madhepura ====================================================== SAJJAN KUMAR S/O BINOD YADAV Resident of village- Goudhela, P.S.- Madhepura, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-09-2022 Heard the parties.

The petitioner has renewed his prayer for regular bail in connection with Madhepura P.S. Case No. 900 of 2020 registered under Section 392 of the I.P.C. inasmuch as earlier bail application of the petitioner was dismissed as withdrawn vide Cr. Misc. No. 8125 of 2022 by order dated 22.02.2022 with liberty to the petitioner to renew his prayer for bail after six months.

As per the prosecution case four unknown criminals accosted the informant while he was returning after attending a meeting, pushed him down to the ground with his motorcycle and looted his bag containing Rs. 90,872/-, Samsung tablet,

Patna High Court CR. MISC. No.52322 of 2022(2) dt.28-09-2022 2/3 wallet containing Rs. 2500/- , PAN Card, Aadhaar Card , Driving License etc. and fled from the scene of occurrence. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. rather his name has surfaced in the confessional statement of the co-accused / Prabhakar Kumar and Mithun Kumar and both of them have been granted bail by different Co-ordinate Benches of this Court vide Cr. Misc. No. 38102 / 2021 & Cr. Misc. No. 39030 / 2021 respectively. He next submits that no looted article has been recovered from the conscious possession of the petitioner and / or from the premises belonging to the petitioner. He further submits that the petitioner is in custody since 21.08.2021.

Having regard to the submissions by the parties and taking into consideration the fact that petitioner is in custody since 21.08.2021, the co-accused persons- Prabhakar Kumar and Mithun Kumar have been granted bail by different Co-ordinate Benches of this Court and this is second attempt for bail on behalf of the petitioner, as such, I am inclined to grant regular bail to the petitioner.

Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (rupees twenty thousand ) with two sureties of the like amount each to

Patna High Court CR. MISC. No.52322 of 2022(2) dt.28-09-2022 3/3 the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 900 of 2020 subject to the condition that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall liable to be cancelled. (Anil Kumar Sinha, J) praful/- U T