Anand Kumar Singh @ Krishna Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.652 of 2022 Arising Out of PS. Case No.-40 Year-2021 Thana- BASOPATTI District- Madhubani ====================================================== Anand Kumar Singh @ Krishna Kumar Singh Son Of Saty Narayan Singh Resident Of Village- Hanuman Nagar, P.S- Jaynagar, Dist- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Prakash, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-05-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Section 392 of the Indian Penal Code. The FIR of the occurrence of loot is against unknown. Allegation is that the miscreants, who entered inside the house of the informant, had looted away a sum of Rs. 7 lakhs and one mobile containing a sim.
Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. and his name has been transpired only on the basis of confessional statement of co-
Patna High Court CR. MISC. No.652 of 2022(2) dt.11-05-2022 2/3 accused Praveen Kumar Yadav. He further submits that nothing incriminating articles have been recovered from the possession of the petitioner and till date no test identification parade has been conducted by the prosecution. Similarly situated co-accused Jitendra Thakur has been granted bail vide order dated 15.02.2022 in Cr. Misc. No. 42333 of 2021, co-accused namely Md. Arshad has been granted bail vide order dated 28.02.2022 in Cr. Misc. No. 45150 of 2021, co-accused namely Pramod Singh @ Pramod Kumar Singh has been granted bail vide order dated 04.04.2022 in Cr. Misc. No. 70083 of 2021 by different Coordinate Benches of this Court and co-accused Suman Kumar Yadav has been granted bail by this Court vide order dated 28.04.2022 in Cr. Misc. No. 62165 of 2021 respectively. Police after investigation submitted chargesheet and the petitioner is in custody since 10.09.2021.
Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries six more cases other than the present one.
Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Basopatti P.S. Case No. 40 of 2021, with the following
Patna High Court CR. MISC. No.652 of 2022(2) dt.11-05-2022 3/3 conditions :-
(1) 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) 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) Ibrar//- U