Bajrangi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66629 of 2024 Arising Out of PS. Case No.-302 Year-2021 Thana- UJIYARPUR District- Samastipur ====================================================== Bajrangi Kumar son of Jagdish Sah Village- Banwaripur, Ps- Bhagwanpur, Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Randhir Kumar No 1, Advocate For the Opposite Party/s :
Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-01-2025 Heard the parties.
2. The petitioner is in custody in connection with Ujiyarpur P.S. Case No. 302 of 2021 for the offence under Sections 392 and 307 of the I.P.C. and under Sections 25(1-B) (a), 27 and 35 of the Arms Act lodged on 04.10.2021 by the informant, Vijay Sahu.
3. As per the prosecution story, the informant alleged that he runs a jewellery shop and while sitting alone three accused persons came, entered and looted the shop at gun point as they tried to escape, the informant shouted for help and the locals nabbed one of them. He gave the name of the accused persons, petitioner being one of them. Accordingly the FIR.
4. Learned counsel for the petitioner submits that his
Patna High Court CR. MISC. No.66629 of 2024(3) dt.24-01-2025 2/3 name has come in the confessional statement of Amit Kumar, he has already suffered by being in custody since 29.03.2024 (paragraph-12 of the petition), if granted bail, shall be diligently appearing in trial and desist from getting implicated in any further case.
5. Learned APP opposes the prayer submitting that he has criminal antecedent.
6. Taking into account the aforesaid facts as also that the petitioner has remained in custody since 29.03.2024 and one of the co-accused, Amit Kumar has been extended relief by the Coordinate Bench in Cr. Misc. No. 11582 of 2022, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned S.D.J.M., Dalsingsarai, Samastipur, in connection with Ujiyarpur P.S. Case No. 302 of 2021 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.66629 of 2024(3) dt.24-01-2025 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month till conclusion of the trial to mark his attendance;
(iv) 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;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T