Md. Rocky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5366 of 2023 Arising Out of PS. Case No.-132 Year-2022 Thana- JAKKANPUR District- Patna ====================================================== Md. Rocky Son Of Md. Ilyas R/O Mohalla- Phulwarisarif, Mahatwana, P.O.- Phulwarisarif, P.S.- Phulwarisarif, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail, who is in custody since 16.03.2022, in connection with Jakkanpur P.S. Case No. 132 of 2022, F.I.R. dated 14.03.2022 registered for the offences punishable under Sections 392 of the Indian Penal Code. The F.I.R. of the occurrence of loot is against unknown.

Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired on the basis of the confessional statement of the petitioner and the self confessional statement of the petitioner leading to

Patna High Court CR. MISC. No.5366 of 2023(2) dt.01-05-2023 2/3 recovery of the looted amount from the house of co-accused person namely Rajesh Kumar and the police has not made accused Mr. Rajesh Kumar but the police made Rajesh Kumar as a witness of the present case. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 16.03.2022. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries one more case other than the present one but fairly submits from paragraph-3 of the petition that the petitioner is on bail.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Patna in connection with Jakkanpur P.S. Case No. 132 of 2022, subject to 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.5366 of 2023(2) dt.01-05-2023 3/3

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(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 antecedents, 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) Ibrar//- U T