Sourav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74051 of 2022 Arising Out of PS. Case No.-510 Year-2021 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Sourav Kumar Son Of Niranjan Kumar R/O Mohalla- Ashokchak, P.S.- Ramkrishna Nagar, District- Patna.

... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prince Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-03-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Ramkrishna Nagar P.S. Case No. 510 of 2021 lodged under Sections 379/34 of the I.P.C.

As per the prosecution case, there are four named accuse persons including the present petitioner and allegation of theft of truck is there in the F.I.R.

Learned counsel for the petitioner submits that it is a Magisterial Triable case. Counsel submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 02.08.2022 having two criminal

Patna High Court CR. MISC. No.74051 of 2022(2) dt.25-03-2023 2/3 antecedents in which he is on bail. Counsel submits that charge has already been framed in this case. He further submits that three other co-accused persons have been granted bail by the Co-ordinate Bench of this Court vide order dated 26.05.2022 passed in Cr. Misc. No. 20154 of 2022, vide order dated 26.05.2022 passed in Cr. Misc. No. 23040 of 2022 and vide order dated 26.05.2022 passed in Cr. Misc. No. 16418 of 2022. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XIII, Patna in connection withRamkrishna Nagar P.S. Case No. 510 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

Patna High Court CR. MISC. No.74051 of 2022(2) dt.25-03-2023 3/3 B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T