Sunni Kumar @ Rahul Kumar @ Sunni Kumar Rahul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74736 of 2022 Arising Out of PS. Case No.-419 Year-2021 Thana- KAHALGAON District- Bhagalpur ====================================================== Sunni Kumar @ Rahul Kumar @ Sunni Kumar Rahul Son of Late Suresh Mandal Resident of Mohalla - Barari Road, Tilkamanjhi, P.S.- Tilkamanjhi, District - Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand, Adv.

For the Opposite Party/s :

Mr. Amitesh Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-01-2023 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.

The petitioner seeks regular bail in connection with Kahalgaon P.S. Case No. 419 of 2021, lodged under Sections 394 of the Indian Penal Code later on Section 411 of the Indian Penal Code has been added.

Learned counsel for the petitioner submits that the bail application of petitioner has been rejected vide order dated 23.11.2022 passed in Cr. Misc. No.38822 of 2022. In the rejection order, liberty was given to the petitioner that he may renew his prayer for bail after framing of charge.

Patna High Court CR. MISC. No.74736 of 2022(2) dt.18-01-2023 2/3 Learned counsel for the petitioner submits that charge has already been framed on 20.05.2022 (Annexure-3) in this case against the petitioner and 6 months has already been lapsed.

Learned counsel for the State after going through Annexure-3 submits that charge has been framed. 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.-VII, Bhagalpur in connection with Kahalgaon P.S. Case No. 419 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.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

Patna High Court CR. MISC. No.74736 of 2022(2) dt.18-01-2023 3/3 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.) ritik/- U