Sanjeeb Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81168 of 2024 Arising Out of PS. Case No.-75 Year-2021 Thana- BARIYARPUR District- Munger ====================================================== Sanjeeb Kumar S/O Late Sikandar Mandal R/O Vllage- Bariyarpur, Barel Bara (Pariya), P.S.- Bariyarpur, District- Munger. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deep Anshuman, Adv.
For the Opposite Party/s :
Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Bariyarpur P.S. Case No. 75 of 2021 dated 24.06.2021 registered for the offences punishable u/s 394 of the Indian Penal Code.
3. As per the prosecution case, when the informant along with one Ratan Mandal boarded on a motorcycle reached near Saraswati Shishu Mandir School, some miscreants intercepted them on the point of pistol. They took away Rs. 5250 /- in cash, one mobile phone and Aadhar Card from the pocket of the informant and Rs. 2000 /- in cash and a mobile phone from the pocket of the Ratan Mandal.
Patna High Court CR. MISC. No.81168 of 2024(2) dt.04-12-2024 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. No such occurrence as alleged has ever taken place. Learned counsel has further submitted that no T.I.P. has been conducted by the prosecution. The co-accused person has already been granted regular bail by this court vide order dated 12.04.2023 passed in Cr. Misc. No. 68206 of 2022. The petitioner has eight criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 28.05.2022.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Munger in connection with Bariyarpur P.S. Case No. 75 of 2021 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date,
Patna High Court CR. MISC. No.81168 of 2024(2) dt.04-12-2024 3/3 failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T