Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64005 of 2022 Arising Out of PS. Case No.-132 Year-2019 Thana- AWTARNAGAR District- Saran ====================================================== 1.

RAJU KUMAR.

2.

AMARJEET KUMAR Both S/O LAL BABU MAHTO Resident of village- Jagdishpur, P.S.- Doriganj, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nand Kishore Prasad,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-02-2023 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in a case registered for the offence under Sections 392/34 of the Indian Penal Code. The FIR of the occurrence of loot is against unknown. Learned counsel appearing for the petitioners submits that the petitioners have falsely been implicated in the present case. Petitioners are not named in the FIR. Name of the petitioners have been transpired during investigation on the basis of the confessional statement of the petitioners. Further submits that the petitioners were arrested in connection with Doriganj P.S.Case No.219 of 2022 and they are remanded in the

Patna High Court CR. MISC. No.64005 of 2022(2) dt.28-02-2023 2/3 present case. Further submits that till today no TIP has been conducted by the prosecution and the police, after investigation, submitted chargesheet against the petitioners and the petitioners are in custody since 12.09.2022.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioners and submits that the petitioners carry four more cases other than the present one.

Considering the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Awatarnagar P.S.Case No. 132 of 2019 with the following conditions:-

(1) Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.

(2) If the petitioners tamper 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.64005 of 2022(2) dt.28-02-2023 3/3 And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. 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) Nitesh/- U T