Hariom Kumar @ Hariom Kumar Singh @ Sandeep Kumar @ Sandeep Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52346 of 2025 Arising Out of PS. Case No.-340 Year-2022 Thana- SONEPUR District- Saran ====================================================== Hariom Kumar @ Hariom Kumar Singh @ Sandeep Kumar @ Sandeep Kumar Singh S/o Jitendra Singh R/o Village- Farhada, P.S.-Krishna Garh, District-Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate For the State :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-07-2025 Heard Mr. Krishna Prasad Singh, learned Senior counsel for the petitioner and Mr. Binod Kumar, learned APP for the State.

2. The petitioner seeks bail, who is in custody since 13.05.2025 in connection with Sonpur P.S. Case No. 340 of 2022, F.I.R. dated 18.05.2022 registered for the offences punishable under Sections 395, 412, 120(B) of the Indian Penal Code.

3. The F.I.R. of the occurrence of loot is against unknown.

4. Learned Senior counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the allegation as

2/4 alleged in the F.I.R. is false and fabricated. In fact, the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired on the basis of the confessional statement of coaccused person namely Kunal Kumar and except the aforesaid, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that similarly situated coaccused person namely Sanny Singh @ Sanny Kumar has been granted bail by this Court vide order dated 09.05.2025 passed in Cr. Misc. No. 17166 of 2025, another co-accused person namely Raj Rup Kumar @ Raj Rup Ray @ Raj Rup Yadav has been granted bail by this Court vide order dated 11.05.2023 passed in Cr. Misc. No.

14191 of 2023, another co-accused person namely Munna Rai @ Munna Kumar has been granted bail by a Coordinate Bench of this Court vide order dated 02.08.2024 passed in Cr. Misc. No. 53685 of 2024, another co-accused person namely Kunal Kumar has been granted bail by a Coordinate Bench of this Court vide order dated 28.06.2023 passed in Cr. Misc. No. 72702 of 2022, another co-accused person namely Raja Ray @ Sanjay has been granted bail by a Coordinate Bench of this Court vide order dated 19.04.2024 passed in Cr. Misc. No. 29715 of 2024 respectively.

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5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries five more cases other than the present one and apart from that co-accused person has confessed the involvement of the petitioner in the present occurrence but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in the pending matters.

6. Considering the aforesaid facts that the petitioner is not named in the F.I.R. and similarly situated co-accused persons have been granted bail by this Court or by a Coordinate Bench of this Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Judicial Magistrate, Saran at Chapra in connection with Sonpur P.S. Case No. 340 of 2022, 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

4/4 witness, 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 antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of 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) Ibrar//- U T