Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68075 of 2021 Arising Out of PS. Case No.-173 Year-2021 Thana- AIRPORT District- Patna ====================================================== Suraj Kumar Son of Krishna Prasad Resident of Mohalla Sindhu Toli, Gulzarbagh, P.S. Alamganj, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudra Deo, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-04-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 356 and 379 of the Indian Penal Code.

As per prosecution case, in brief, it is alleged by the informant namely Chandra Bhushan Pandey that on 12.08.2021 in the morning he along with her wife Bimla Pandey were gone for walking and at about 6:23 A.M. when they were walking road side of Amokodo More, near Mandir one motorcycle rider came from back side and snatched golden chain from the neck

Patna High Court CR. MISC. No.68075 of 2021(2) dt.26-04-2022 2/3 of his wife and fled away towards Phulwari Gumti. He further alleged that the said motorcycle rider who snatched her gold chain looked lean and thin and he was long hair. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case on the basis of suspicion. He further submits that his name has transpired only on the basis of confessional statement of coaccused namely Suraj Kumar, S/o Jago Sahni that he sole the looted chain to the petitioner. He further submits that nothing has been recovered from the conscious possession of the petitioner and except the confessional statement of co-accused nothing has come during investigation and the petitioner is in custody since 28.08.2021.

Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more cases other than the present one.

Considering the facts and circumstances of the case, 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 Court below where the case is pending in connection with Hawai Adda P.S. Case No. 173 of 2021, with the following

Patna High Court CR. MISC. No.68075 of 2021(2) dt.26-04-2022 3/3 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 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 antecedent, 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