Patna High CourtCR. MISC./56066/2024bail granted

Sandeep Kumar v. The State Of Bihar

2024-08-31Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56066 of 2024 Arising Out of PS. Case No.-344 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== Sandeep Kumar Son Of Sri Sunil Paswan Village- Chanda, Ps- Koilwar, DistBhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar, Adv.

For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sahpur P.S. Case No. 344 of 2023 dated 29.07.2023, lodged under Section 392 of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against three unknown accused persons against whom there is an allegation of committing robbery.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the criminal antecedent of the petitioner is not clean as there are four criminal cases pending against him in which in three cases, he is on bail and in one case, he is

Patna High Court CR. MISC. No.56066 of 2024(2) dt.31-08-2024 2/3 persuading for bail. The petitioner is in custody since 04.12.2023 in the present case. Counsel further submits that other co-accused persons have been granted bail by the Coordinate Bench of this Court as well as by this Court vide orders dated 10.01.2024, 20.02.2024 and 02.04.2024 passed in Cr. Misc. Nos. 81900 of 2023, 9441 of 2024 & 20880 of 2024 respectively. Counsel further submits that the offence in which the case has been filed is of magisterial triable.

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

6. In the present facts and circumstances of this case, let the petitioner above named be granted bail, but only after framing of charge, if not framed as well as on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are mentioned below, and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Bhojpur, Ara in connection with Sahpur P.S. Case No. 344 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

7. Pending cases against the petitioner are as follows:- (I)- Sahpur P.S. Case No. 368 of 2023.

Patna High Court CR. MISC. No.56066 of 2024(2) dt.31-08-2024 3/3 (II)- Udwantnagar P.S. Case No. 290 of 2023.

(III)- Ara Muffasil P.S. Case No. 315 of 2023. (IV)- Barhara P.S. Case No. 422 of 2023.

(Dr. Anshuman, J) Divyansh/- U T