Kaushal Kumar Suman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1278 of 2022 Arising Out of PS. Case No.-120 Year-2020 Thana- JHANJHARPUR District- Madhubani ====================================================== KAUSHAL KUMAR SUMAN Son of Vijay Kumar Sah Resident of VillagePakariya, P.S.- Phulparas, District- Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 03.03.2021, charge-sheet has been submitted and has antecedent of two cases.

The informant alleges that his motorcycle was looted away by three unknown criminals on NH 57.

Learned counsel for the petitioner submits that the FIR was against unknown and name of the petitioner transpired in the confessional statement of Shambhu Yadav in Laukahi P.S. Case No. 140 of 2020. Learned counsel next submits that

Patna High Court CR. MISC. No.1278 of 2022(2) dt.24-05-2022 2/2 despite being in custody the petitioner was not put on T.I. Parade nor any recovery was made from his possession connecting him with the offence and Shambhu Yadav has been granted bail by order dated 05.05.2022 in Cr. Misc. No. 70929 of 2021.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 03.03.2021, charge-sheet has been submitted and was not put on T.I. Parade nor any recovery was made from the possession of the petitioner and Shambhu Yadav has been granted bail, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Jhanjharpur P.S. Case No. 120 of 2020/G.R. No. 1256 of 2020, subject to the condition that one of the bailors of the petitioner shall be father Vijay Kumar Sah. (Satyavrat Verma, J) Kundan/- U T