Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66726 of 2022 Arising Out of PS. Case No.-291 Year-2022 Thana- SHRIKRISHNAPURI District- Patna ====================================================== PRINCE KUMAR S/O Mahesh Singh @ Ashok Singh R/O Village- Jalalpur, P.S- Okari, District- Jehanabad at present residing at postal park Road No-3B, Mithapur, P.S- Jakkanpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Chandra, Advocate For the Opposite Party/s :

Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 16-03-2023 Let the defect(s), if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Shrikrishnapuri P.S. Case No.291 of 2022 registered for the offences punishable under Sections 461, 379, 471, 420, 411 and 414/34 of the Indian Penal Code.

As per the prosecution, the police personnel while patrolling apprehended this petitioner who, was trying to tamper an ATM and upon search, recovered an iron rod, cutter, camera

Patna High Court CR. MISC. No.66726 of 2022(2) dt.16-03-2023 2/3 sensor and a scooty from his possession.

The main submissions advanced by the learned counsel for the petitioner are that though against the petitioner there are criminal antecedents of five cases but he is on bail in all the said cases and one co-accused namely Sujay Kumar who was also apprehended at the spot along with the petitioner has been granted bail by Court below itself, the petitioner has been languishing in jail since 01.08.2022 and as per the allegation of the FIR he was simply found with iron rod, cutter and camera sensor and there is no allegation that the said materials were used by the petitioner in any illegal activity and moreover the petitioner has been chargesheeted.

Learned APP appearing for the State has opposed the bail prayer.

In view of the facts, as stated above, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the 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 the concerned Court in connection with Shrikrishnapuri P.S. Case No.291 of 2022.

Further on this condition that the bail bonds of the

Patna High Court CR. MISC. No.66726 of 2022(2) dt.16-03-2023 3/3 petitioner will be accepted after the framing of charge if the same has not been framed.

(Shailendra Singh, J) sangam/- U T