Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.430 of 2022 Arising Out of PS. Case No.-488 Year-2020 Thana- GORAUL District- Vaishali ====================================================== SURAJ KUMAR Son of Vishwanath Ray Resident of Village- Nirpur Kushahi, P.S.- Patepur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Goraul (Katahara-O.P) P.S. Case No. 488 of 2020 registered for the offence under Section 392 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 05.06.2021.

The allegation against the petitioner is to commit robbery and while committing so, taken away Rs. 33,643/-from dickey of motorcycle of the informant.

Learned counsel appearing on behalf of the petitioner submitted that the name of the petitioner surfaced on the basis of self confession as well as confessional statement of co-accused, after

Patna High Court CR. MISC. No.430 of 2022(3) dt.29-08-2022 2/3 apprehending in Baligaon P.S. Case No. 146 of 2020. It has also been submitted that no cash, as alleged to be looted, was recovered from the physical possession of the petitioner. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has already been submitted in this case, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded the fact that the name of the petitioner surfaced on the basis of self confession as well as confessional statement of co-accused. Considering the facts and circumstances as mentioned above, as no looted cash was recovered from the physical possession of the petitioner coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Goraul (Katahara-O.P.) P.S. Case No. 488 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, subject to the following conditions:

"(i)That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

Patna High Court CR. MISC. No.430 of 2022(3) dt.29-08-2022 3/3 (ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(iii) That one of the bailors shall be Vishwanath Ray, who is the cousin uncle of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) pooja/- U T