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Patna High CourtCR. MISC./74917/2022bail granted

Kailash Kumar @ Kaila Kumar v. The State Of Bihar

2023-04-03Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74917 of 2022 Arising Out of PS. Case No.-6 Year-2022 Thana- PURAINI District- Madhepura ====================================================== KAILASH KUMAR @ KAILA KUMAR S/O Antu Singh @ Anantlal Singh @ Antlal Singh R/O Village- Puraini, P.S- Puraini, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-04-2023 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 Puraini P.S. Case No. 06 of 2022, registered for the offences punishable under Section 392 of the IPC. As per allegation, some unknown persons looted a mobile set, Rs. 5,000/- cash and a motorcycle from the informant. The learned counsel for the petitioner has submitted that nothing was recovered from the possession of the petitioner. The FIR is against unknown person. He has been made accused on the basis of his confessional statement in another case i.e. Puraini P.S. Case No. 213 of 2021. In that case, he has been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 44010 of 2022. He is under custody since 28.02.2022.

Patna High Court CR. MISC. No.74917 of 2022(2) dt.03-04-2023 2/2 Considering the above-mentioned facts and circumstance as well as the period of custody, 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 J.M. 1st Class Udakishunganj, DistrictMadhepura in connection with Puraini P.S. Case No. 06 of 2022, subject to the following conditions:- (i) The petitioner shall appear physically on each and every date, after framing of the charges and his failure in appearance on two consecutive dates, the learned court below shall be at liberty to cancel his bail bond. (ii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(iii) 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. (Nawneet Kumar Pandey, J) Kundan/- U T