Surajkant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69901 of 2021 Arising Out of PS. Case No.-46 Year-2021 Thana- KURTHA District- Jehanabad ====================================================== SURAJKANT KUMAR Son of Sanjay Kumar, Resident of Village - Saidpur, P.S. - Makhdumpur, Dist. - Jehanabad.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nitya Nand Neeraj For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as Mr. Shailendra Kumar, the learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Kurtha P.S. Case No. 46 of 2021 registered for offence punishable under sections 414 of the Indian Penal Code. As per allegation, three persons were intercepted by the police when they were travelling by a motor cycle. On interrogation by the police. Arpit Kumar @ Pintu apprised the police party that motor cycle was belonging to his uncle, who

Patna High Court CR. MISC. No.69901 of 2021(2) dt.27-07-2022 2/3 was residing in Haryana. Later on, Arpit Kumar retracted from his version and said that the motor cycle was belonging to the present petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he is a person of clean antecedent and he has falsely been implicated by confessional statement of the co-accused, who has been arrested at the spot. Mr. Shailendra Kumar, the learned A.P.P. has submitted that impugned shows that due to absconding of the petitioner, the investigation was hampering.

Considering the above mentioned facts and circumstances, specially the clean antecedent of the petitioner, the petitioner above named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in connection with Kurtha P.S. Case No. 46 of 2021, subject to condition as laid down under section 438(2) Cr. P.C. Further condition is that the petitioner shall cooperate with the investigating authority. If it comes to the notice of the Court that the petitioner is not cooperating with the investigation/trial, the

Patna High Court CR. MISC. No.69901 of 2021(2) dt.27-07-2022 3/3 learned court below will be at liberty to cancel the bail bond of the petitioner.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T