Patna High CourtCR. MISC./60580/2022bail granted

Naveen Kumar Sah @ Navin Kumar v. The State Of Bihar

2022-11-16Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60580 of 2022 Arising Out of PS. Case No.-165 Year-2019 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== NAVEEN KUMAR SAH @ NAVIN KUMAR Son of Nathuni Sah R/O Mohalla - Fakirana, P.S.- Minapur, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-11-2022 Heard Mr. Alok Kumar Alok, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP who represents the State.

Muzaffarpur Sadar P.S. Case No.165 of 2019 was registered on 05.03.2019 under Section 395 of the Indian Penal Code against the petitioner.

As per the prosecution case, while returning home, the informant was intercepted by unknown persons and his motorcycle, mobile and the wallet containing Rs.3000/- were snatched. The name of the petitioner cropped in and he was accordingly apprehended.

The petitioner had earlier moved this Court vide Cr. Misc. No.52111 of 2021 which was rejected on 07.04.2022. Taking into account the fact that he has remained in

Patna High Court CR. MISC. No.60580 of 2022(2) dt.16-11-2022 2/3 custody since 05.04.2021 and charge sheet already stands submitted and the Trial is still going on, this Court is inclined to grant him privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with S.Tr. No.304 of 2021 arising out of Muzaffarpur Sadar P.S. Case No.165 of 2019 to the satisfaction of learned 16th Additional Sessions Judge, Muzaffarpur, subject to following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her 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/her bail bond by the Trial court itself;

(iii) the petitioner shall leave his/her district (Muzaffarpur) for a period of three month(s) after providing name and address and police station of his place of stay during the said period and he shall be duty bound to visit the police station concerned (where he will stay) every week to mark his attendance;

Patna High Court CR. MISC. No.60580 of 2022(2) dt.16-11-2022 3/3 (iv) upon return to his district, he shall visit the concerned police station every fortnight for the next six months to mark attendance;

(v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(vi) 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. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T