Sumit Yadav @ Kumar Samir @ Samir Kumar @ Raja Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57307 of 2023 Arising Out of PS. Case No.-1052 Year-2019 Thana- NAGAR District- Vaishali ====================================================== SUMIT YADAV @ KUMAR SAMIR @ SAMIR KUMAR @ RAJA YADAV Son of Subhash Prasad Singh Resident of Village Khilwat, P.S.-Bidupur, District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivjee Singh, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 31-08-2023 Heard the parties.

The petitioner is an accused in connection with S.T. No. 281 of 2022 arising out of Hajipur Town P.S. Case No. 1052 of 2019 registered for the offences under sections 395, 397, 412, 201 and 120(B) of the Indian Penal Code lodged on 23.11.2019 by the informant, Subodh Kumar Singh.

As per the prosecution story, the allegation is that the accused persons barged into the office of Muthoot Finance of Hajipur (Vaishali) and after locking the employees in a room, took away Rs. 55.777 kg gold and cash of Rs. 50,000/-. Accordingly, the FIR was lodged in this case. It is the case of the petitioner that he has been implicated only on the confessional statement of co-accused, Suryaveer Kumar and in the CCTV footage in which seven

Patna High Court CR. MISC. No.57307 of 2023(2) dt.31-08-2023 2/3 accused persons were identified, he is one of them. Further, submission is that some of the accused persons have been granted bail in Cr. Misc. No. 33308 of 2021 on 07.10.2021 (Chanchal Kumar vs. State) (Annexure 2), no T.I.Parade conducted.

Learned APP for the State, on the other hand, opposes the prayer for bail stating that he has 14 criminal cases under his belt.

Taking into account the submissions put forward by the learned Counsel for the petitioner, his name has come in the confessional statement, no T.I.Parade conducted, he is in custody since 04.10.2021, this Court is inclined to extend him privilege of bail but only after framing of the charges in view of the fact that 14 criminal cases under his belt. Let the petitioner be released on bail after framing of the charges on furnishing bail bond of Rs. 10,000/- (Ten Thousands only) with two sureties of like amount each to the satisfaction of the learned Additional Sessions Judge-V, Vaishali at Hajipur in connection with S.T. No. 281 of 2022 arising out of Hajipur Town P.S. Case No. 1052 of 2019, subject to the following conditions-:

(i) one of the bailor should be the family member of

Patna High Court CR. MISC. No.57307 of 2023(2) dt.31-08-2023 3/3 the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every month for next one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Neha/- U T