Adarsh Kumar @ Adarsh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64654 of 2021 Arising Out of PS. Case No.-132 Year-2021 Thana- ISUAPUR District- Saran ====================================================== 1.
Adarsh Kumar @ Adarsh Kumar Singh Son of Saroj Singh @ Saroj Pratap Singh Resident of Village- Chainpur, Police Station- Taraiya, District- Saran (Chapra) 2.
Ravi Kumar @ Ravi Raj Son of Jagdish Singh Resident of Village- Taraiya, P.S.- Taraiya, District- Saran (Chapra) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Parmanand Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-06-2022 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioners seek bail in connection with Isuapur P.S. Case No. 132 of 2021 registered for the offence under Section 392 of the Indian Penal Code.
The accused/petitioners are named in the F.I.R. and
2/4 are in custody since 05.08.2021.
The allegation against the petitioners is to commit robbery and, while committing so, taken away cash of Rs. 1,49,000/-, laptop, mobile, etc. of the informant. Learned counsel appearing on behalf of the petitioners submitted that the name of the petitioners surfaced in the present case on the basis of identification of photograph provided by the S.H.O. of local police station. It has further been submitted that no T.I.P. was conducted and nothing incriminating has been recovered from the conscious physical possession of the petitioners. It has also been submitted that investigation in this case has been completed and chargesheet has already been submitted, as such, there is no chance of tampering of the evidences. While concluding the argument, it has further been pointed out that petitioner no. 1 and 2 are involved in 3 and 4 cases respectively, in which they are on bail. Learned APP appearing on behalf of the State while opposing the prayer for bail fairly conceded that nothing incriminating has been recovered from the conscious physical possession of the petitioner.
Considering the facts and circumstances as mentioned above, as except photo identification provided by the police,
3/4 nothing incriminating surfaced against the petitioner, which may connect the petitioner with the present set of occurrence, coupled with the fact that chargesheet has already been submitted in this case, let the petitioners, above named, are directed to be released on bail in connection with Isuapur P.S. Case No. 132 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Chapra, District-Saran, subject to the following conditions:
"(i) That accused/petitioners shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioners.
(ii) Accused/Petitioners shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court only on medical
4/4 ground of the petitioners, duly supported by the documents.
(iii) That one of the bailors shall be Saroj Singh, who is the father of petitioner no.1 and deponent of the present bail petition."
(Chandra Shekhar Jha, J) Ankit/- Shashank/- U T