Kanhaiya Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65984 of 2021 Arising Out of PS. Case No.-177 Year-2021 Thana- DELHA District- Gaya ====================================================== Kanhaiya Prasad Son Of Sheo Nandan Prasad Resident Of Mohalla- New Colony, Chhotki Delha, P.S.- Delha, District- Gaya. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Shivendra Prasad, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-05-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by the Stamp Reporter within two weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Amitesh Kumar, learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with Delha P.S. Case No. 177 of 2021 registered for the offences punishable under Sections 392 of the Indian Penal Code. He is in custody since 23.08.2021. The petitioner has got no criminal antecedent.

Learned counsel for the petitioner submits that as per the prosecution story, when the informant was going to the hospital, this petitioner accompanied her in tempo and snatched away the purse of the informant containing Rs. 4000/- and also her earring. It is further alleged that on 22.08.2021 near bus stand, the in-

Patna High Court CR. MISC. No.65984 of 2021(4) dt.12-05-2022 2/3 formant identified the petitioner and on hulla, local people assembled and caught the petitioner. Learned counsel submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the occurrence is of 19.08.2021 and the FIR was registered after a delay of 3 days. The petitioner is in custody since 23.08.2021 having no criminal antecedent.

Mr. Amitesh Kumar, learned APP for the State has opposed the prayer for regular bail of the petitioner. Having regard to the submission that the alleged occurrence took place on 19.08.2021 at 09:00 A.M. but the informant did not report that incident to the police station and after about 3 days she alleged that this petitioner had snatched away a sum of Rs.4000/- and her earring 3 days back and further considering that the petitioner has remained in jail in connection with this case since 23.08.2021, investigation against him is complete and his presence may be secured in course of trial, this Court directs release of the petitioner above named on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of Ms. Swati Singh, J.M. 1st Class, Gaya in connection with Delha P.S. Case No. 177 of 2021, subject to the condition as laid down under Section 437(3) Cr.P.C.

Patna High Court CR. MISC. No.65984 of 2021(4) dt.12-05-2022 3/3 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 steps 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.

The application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.