Binay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7739 of 2021 Arising Out of PS. Case No.-412 Year-2020 Thana- SHERGHATI District- Gaya ====================================================== BINAY KUMAR Son of Bilash Yadav Resident of Village- Tetaria, P.S.- Sherghati, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar For the Opposite Party/s :

Mr. Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-06-2021 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 within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will 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. The allegation, as per the prosecution case, is that one tempo has been stolen. The petitioner has been implicated in this case on the confessional statement of co-accused. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite

Patna High Court CR. MISC. No.7739 of 2021(2) dt.23-06-2021 2/3 innocent and has been falsely implicated in this case. He is neither named in the F.I.R. nor was apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring the confessional statement of co-accused Dhiraj Kumar Yadav, which has no evidentiary value in the eye of law. Co-accused, namely, Pankaj Kumar has been enlarged on bail by a co-ordinate bench of this court vide order dated 02.03.2021 passed in Cr. Misc. No. 40208 of 2020. The petitioner has been languishing in custody since 24.08.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Sherghati (Dobhi) P.S. Case No.412 of 2020, subject to the following conditions :

Patna High Court CR. MISC. No.7739 of 2021(2) dt.23-06-2021 3/3

(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

(3) that the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bond will be liable to be cancelled.

(4) that the petitioner will mark his attendance in the local police station in first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.

(Anjani Kumar Sharan, J) Trivedi/- U T