Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59586 of 2022 Arising Out of PS. Case No.-134 Year-2021 Thana- BARAUNI District- Begusarai ====================================================== RAJA KUMAR Son of Late Banti Singh R/V- Ghatkindi- Barauni 02, P.STeghra Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-03-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 395, 397 120B, 412 and 414 of the Indian Penal Code and 27 of the Arms Act. As per the prosecution case, some unknown miscreants entered the house of the informant and assaulted the informant and his family member. They made firing and looted the household articles.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.59586 of 2022(3) dt.13-03-2023 2/3 the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel has submitted that one Jio mobile was recovered from the possession of the petitioner which is not stolen. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused Md. Arwaj. The petitioner is also accused in seven other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 23.05.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Addl. Sessions Judge-V, Begusarai of learned S. Tr. No. 757 of 2022 in connection with Barauni (FCI) P.S. Case No.134 of 2021, with conditions:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.59586 of 2022(3) dt.13-03-2023 3/3 cause, the bail bond of the petitioner is liable to be cancelled.

2. The court below shall verify the criminal antecedent of the petitioner and at any stage, if 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.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T