Tuntun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66056 of 2023 Arising Out of PS. Case No.-126 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Tuntun Kumar S/O Om Prakash Ram R/O Village- Agarwa, Ps. Jitna, Dist. East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shakil Ahmad Khan, Advocate For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Chiraiya P.S. Case No. 126 of 2023, registered for the offences punishable under Section 392 of the Indian Penal Code.
3. As per the prosecution case, three unknown miscreants covered their face with mask assaulted the informant with fists and took away his motorcycle.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.66056 of 2023(4) dt.30-01-2024 2/3 petitioner is innocent and has been falsely implicated in this case. He further submits that the FIR has been filed against unknown and the petitioner was arrested only on the confessional statement of co-accused, namely, Sandeep Kumar. He also submits that no T.I.P. has been done in this case till date and no incriminating material has been recovered from the petitioner. He further submits that petitioner has six criminal antecedent and he is in jail custody since 18.05.2023.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri V.K. Singh, learned J.M., 1st Class, Sikrahna at Dhaka, East Champaran at Motihari in connection with Chiraiya P.S. Case No. 126 of 2023, subject to the following conditions:- (i) One of the bailors shall be own/close member of the family of the petitioner.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court
Patna High Court CR. MISC. No.66056 of 2023(4) dt.30-01-2024 3/3 below and shall remain physically present as directed by the Court below and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(Sunil Dutta Mishra, J) ashishkr/- U T