Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63553 of 2022 Arising Out of PS. Case No.-548 Year-2022 Thana- SONEPUR District- Saran ====================================================== SURAJ KUMAR S/o Lallan Singh R/v- Sawai Sonepur, P.S.- Sonepur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Najmul Hoda, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sonepur P.S. Case No. 548 of 2022 dated 27.07.2022 registered for the offence under Sections 341, 323, 324, 307 and 379/34 of the Indian Penal Code.

The case relates to commission of loot after assaulting the informant by knife on his head, neck and abdomen. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that it appears from the F.I.R. that the petitioner has caught hold the informant and other accused persons have assaulted the informant with knife on his head, neck and abdomen. He further

Patna High Court CR. MISC. No.63553 of 2022(3) dt.07-04-2023 2/3 submits that no specific allegation of assault or any overt act is attributed to the petitioner. He further submits that the injury report of the informant suggests that he sustained three injuries, injury No.2 is opined as simple in nature and opinion with respect to other injuries have been kept reserved. He further submits that the police after investigation has submitted chargesheet in this case against the petitioner. The petitioner is rotting in judicial custody since 15.08.2022.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned Chief Judicial Magistrate, Chapra in connection with Sonepur P.S. Case No. 548 of 2022 with the following 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) 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.

Patna High Court CR. MISC. No.63553 of 2022(3) dt.07-04-2023 3/3 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) brajesh/- U T