Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68160 of 2023 Arising Out of PS. Case No.-269 Year-2023 Thana- PAKARIBARAW District- Nawada ====================================================== SHUBHAM KUMAR Son of Pinku Singh @ Pinku Kumar @ Nakku Singh R/o vill - Dumari, P.S. - Pakribarawan, Distt. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan Kumar For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Pakribarawan P.S. Case No.269/2023, lodged on 21.08.2023 under Section 395 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against unknown with an allegation of committing loot of cash from the informant on gun point when he was returning from the bank.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR, rather his name has figured in this case by virtue of confessional statement of co-accused. There is one more criminal case pending against the petitioner

Patna High Court CR. MISC. No.68160 of 2023(2) dt.18-10-2023 2/3 and he is in custody since 27.06.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the petitioner is accused in one more criminal case, hence, his criminal antecedent may be taken into consideration at the time of considering the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned JM, 1st Class, Nawada, in connection with Pakribarawan P.S. Case No.269/2023, subject to the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions:

(i) one of the bailor should be the family member of 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 bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned

Patna High Court CR. MISC. No.68160 of 2023(2) dt.18-10-2023 3/3 police station every month for 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 evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (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.

7. The bail bond of the petitioner shall be accepted by the trial Court only after showing substantial proof with regard to payment of Rs. 17,000/- to the informant.

(Dr. Anshuman, J) Ashwini/- U T