Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64881 of 2024 Arising Out of PS. Case No.-17 Year-2024 Thana- TILAUTHU District- Rohtas ====================================================== 1.

SUNIL KUMAR 2.

Arun Kuma Both S/o Late Tulsi Prasad R/o vill - B-55 F/F Omicron I, Greater Noida, kasama Gautam Budha Nagar, U.P.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Md. Ataur Rahman,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-10-2024 Heard Mr.Rajesh Kumar Singh, learned counsel for the petitioners, learned counsel for the informant and Mr.Md. Ataur Rahman, learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Tilauthu P.S.Case No.17 of 2024, FIR dated 18.01.2024 registered for the offences punishable under Sections 406,420/34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that the petitioners are ready to return Rs.56,47,900/- (Rs.Fifty Six Lacs Forty Seven Thousand and Nine Hundred only) to the informant at the time of furnishing bail bond.

Patna High Court CR. MISC. No.64881 of 2024(2) dt.01-10-2024 2/3

4. Learned counsel for the informant and learned A.P.P. for the State have no objection in this regard.

5. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand)each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Dehri-on-Sone, Rohtas in connection with Tilauthu P.S.Case No.17 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- (I) Petitioners shall produce a demand draft amounting Rs. 56,47,900/- (Rs.Fifty Six Lacs Forty Seven Thousand and Nine Hundred only) in favour of the informant at the time of furnishing bail bond and the learned court below is directed to hand over the said demand draft to the informant or his representative.

(II) Petitioners 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 their absence on two consecutive dates without

Patna High Court CR. MISC. No.64881 of 2024(2) dt.01-10-2024 3/3 sufficient reason, their bail bonds shall be cancelled by the Court below.

(III) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(IV) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. 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) Nitesh/- U T