Bhola Srivastava @ Sintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67139 of 2021 Arising Out of PS. Case No.-476 Year-2020 Thana- BRAHMPUR District- Buxar ====================================================== Bhola Srivastava @ Sintu Kumar, Son Of Subash Lal Srivastava @ Subhas Lal Srivastawa Resident Of Village - Dumraon, Ward No.14, P.S.- Dumraon, Distt.- Buxar.
... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Pradhan For the Opposite Party/s :
Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-04-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offences punishable under Section 392 of the Indian Penal Code.
The learned counsel for the petitioner submits that the petitioner is in custody since 30.09.2021, charge-sheet has been submitted in the case and has antecedent of five cases. The learned counsel for the petitioner submits that the informant alleges that he was intercepted by three bike borne criminals, who looted Rs.2,16,681/- from the informant kept in a bag.
The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.67139 of 2021(2) dt.19-04-2022 2/3 F.I.R. was against unknown and the name of this petitioner came in the confessional statement of co-accused Seraj Siddiqui @ Pali. Nothing was recovered from his possession, nor the petitioner was put on T. I. Parade despite being in custody since 30.09.2021. The learned counsel further submits that the police based on his antecedent got him implicated through Seraj Siddiqui.
The learned A.P.P. for the State opposes the bail application and submits that petitioner has antecedent of five cases and once he is released on bail, he may delay the further proceeding in the matter.
Considering the fact that the petitioner is in custody, charge-sheet has been submitted in the case and nothing was recovered from his possession, nor was put on T. I. Parade and his name came in the confessional statement of co-accused, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Brahampur (Chakki O.P.) P. S. Case No.476 of 2020, subject to condition that one of the bailors shall be the father of the petitioner namely, Subash Lal Srivastava @
Patna High Court CR. MISC. No.67139 of 2021(2) dt.19-04-2022 3/3 Subhas Lal Srivastawa. Further the petitioner will have to mark his attendance before the concerned police station in between 01st to 05th of every month commencing from May, 2022, till the charges are not framed. In the event, the concerned police station reports to the learned Court below that petitioner has violated the condition imposed as aforesaid in any of the month before framing of charge, the learned Court below will be at liberty to cancel his bail bonds.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T