Rajesh Kumar @ Rajan Kumar @ Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64080 of 2023 Arising Out of PS. Case No.-229 Year-2017 Thana- TEGHRHA District- Begusarai ====================================================== Rajesh Kumar @ Rajan Kumar @ Sonu Kumar Son Of Lalo Singh Resident Of Village - Barauni-1 (WARD No.15), Tola Rasalpur, Barauni, Deorhi, P.S. - Teghra, District - Begusarai ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam, Adv.
For the Opposite Party/s :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Teghra P.S. Case No. 229 of 2017, lodged on 15.08.2017 under Sections 420, 467, 468, 471 of the Indian Penal Code.
3. As per the prosecution case, the FIR has been lodged against the sole petitioner in which allegation of section 420 and forgery with other offences under Indian Penal Code are there against the petitioner.
4. Learned counsel for the petitioner submits that the petitioner has been remanded in the present case on 18.11.2017 and there is one criminal case pending against him in which he was convicted and has been granted bail by Hon'ble Court in
Patna High Court CR. MISC. No.64080 of 2023(3) dt.06-12-2023 2/3 criminal appeal. Counsel also submits that he has attached the final report of the present case as Annexure-2 where column 11(xiii) indicates the date of arrest as 18.11.2017 and as such in the present case, the petitioner continued in jail for completed 6 years.
5. Learned APP for the State opposes the prayer for bail of the petitioner and admits that the petitioner is in custody in this case since last more than 6 years.
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 Additional Chief Judicial Magistrate, Teghra, Begusarai in connection with Teghra P.S. Case No. 229 of 2017, 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
Patna High Court CR. MISC. No.64080 of 2023(3) dt.06-12-2023 3/3 bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned 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. (Dr. Anshuman, J.) Divyansh/- U T