Saurabh Kumar @ Saurabh Kumar Singh @ Saurabh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52561 of 2022 Arising Out of PS. Case No.-380 Year-2021 Thana- PARSA District- Saran ====================================================== Saurabh Kumar @ Saurabh Kumar Singh @ Saurabh Singh S/o Akhilesh Kumar Singh @ Nalini Kumar Singh R/o village- Chhathi (Pachlakh), P.O. and P.S.- Bheldi, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nalin Kumar, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 11.04.2022 in connection with Parsa P.S. Case No. 380 of 2021, F.I.R. dated 24.10.2021 for the offences punishable under Section 392 of the Indian Penal Code.

According to prosecution case, three boys snatched the gold chain and purse of the informant while she was returning to his house and all the three miscreants fled away. Learned counsel for the petitioner submits that

2/4 petitioner has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis of confessional statement which was recorded in the Dighwara P.S. Case No. 49 of 2022 and the petitioner was arrested in Dighwara P.S. Case No. 49 of 2022 and he has been implicated in the present case also. He further submits that nothing has been recovered from the conscious possession of the petitioner and and till date no T.I.P. has been conducted by the prosecution. He further submits that except the confessional statement of the petitioner which was recorded in Dighwara P.S. Case No. 49 of 2022, no cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence.

He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 11.04.2022. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries 8 criminal antecedents other than the present one but fairly submits that the petitioner is on bail in 5 cases out of the 8 cases.

Considering the aforesaid facts and circumstances, let

3/4 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- IX, Saran in connection with Pasra P.S. Case No. 380 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 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

4/4 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) Vanisha/- U T