Titu Kumar @ Sudarshan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61636 of 2023 Arising Out of PS. Case No.-192 Year-2023 Thana- BARUN District- Aurangabad ====================================================== Titu Kumar @ Sudarshan Kumar S/O Rama Shankar Singh Resident Of Village Bank, P.S Akorhi Gola District Rohtas At Sasaram ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rameshwar Singh, Advocate For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 15.06.2023 in connection with Barun P.S. Case No. 192 of 2023, F.I.R. dated 05.05.2023 for the offences punishable under Sections 392, 411 of the Indian Penal Code and Section 27 of the Arms Act.
3. According to prosecution case, three miscreants on gun point snatched the key of the motorcycle of the informant's brother and also snatched informant's gold chain and fled away.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that the petitioner has been remanded in the present case from Barun P.S. Case No. 193 of
Patna High Court CR. MISC. No.61636 of 2023(2) dt.21-09-2023 2/3 2023. He further submits that the petitioner was arrested along with other accused persons and some looted article has been recovered from the possession of the accused person, namely, Biru Yadav @ Viru Yadav who has been granted bail by this Court vide order dated 20.09.2023 passed in Cr. Misc. No. 61563 of 2023. He further submits that nothing has been recovered from the possession of the petitioner and the petitioner is in custody since 15.06.2023.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries one criminal antecedent other than the present one but fairly submits on the basis of paragraph 3 of the bail petition that the petitioner is on bail in the said case
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 192 of 2023, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and
Patna High Court CR. MISC. No.61636 of 2023(2) dt.21-09-2023 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage 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.
(Rajesh Kumar Verma, J) Vanisha/- U T