Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73067 of 2022 Arising Out of PS. Case No.-44 Year-2022 Thana- MAHKAR District- Gaya ====================================================== PAWAN KUMAR S/O Brijnandan Yadav @ Brij nandan Singh R/O VillageChandachak, P.S- Nimchak Bathani, District- Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrendra Kumar Sinha No.1 For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Mahkar P.S. Case No. 44 of 2022, registered for the offences punishable under Sections 395 of the Indian Penal Code. As per allegation, five miscreants intercepted a DJ party members who were going to participate in a party and they snatched their belonging and cash.

Learned counsel for the petitioner has submitted that the petitioner was not arrested at the spot. Nothing was recovered from his possession and he has been made accused only on the basis of his confessional statement in another case. No TIP has been done. The petitioner is under custody since 01.06.2022. Considering the above-mentioned facts and

Patna High Court CR. MISC. No.73067 of 2022(2) dt.27-03-2023 2/2 circumstances as well as the period of incarceration, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Gaya in connection with Mahkar P.S. Case No. 44 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available on each and every date of trial. In case of failure on two consecutive dates without any valid reason, the learned court below will be at liberty to cancel the bail bond of the petitioner.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T