Sanni Kumar @ Raju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7177 of 2023 Arising Out of PS. Case No.-270 Year-2021 Thana- ARWAL District- Jehanabad ====================================================== SANNI KUMAR @ RAJU Son of Sanjay Singh Resident of Kharauna, P.S.- Bhagwanganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Shekhar, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 26.03.2022 in connection with G.R. No. 584 of 2021, arising out of Arwal P.S. Case No. 270 of 2021, F.I.R. dated 02.09.2021 for the offences punishable under Sections 461, 379, 511, 427 of the Indian Penal Code.

According to prosecution case, the informant is Branch Manager of Punjab National Bank, Arwal who has alleged that on 02.09.2021 at about 12:15 in night, some unknown miscreants have attempted to commit loot of ATM and they also damaged the glass of CCTV of the ATM. The cash amount at about Rs.7,18,000/- is available in the said ATM but the said cash was found safe.

Patna High Court CR. MISC. No.7177 of 2023(4) dt.24-06-2023 2/3 Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that petitioner is not named in the F.I.R. and the name of the petitioner has been transpired on the basis of his past criminal antecedents. He further submits that nothing has been recovered from the conscious possession or the house of the petitioner and till date no TIP has been conducted by the prosecution. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in judicial custody since 26.03.2022.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries five criminal antecedents other than the present one.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Arwal in connection with G.R. No. 584 of 2021, arising out of Arwal P.S. Case No. 270 of 2021, subject to the following conditions:-

Patna High Court CR. MISC. No.7177 of 2023(4) dt.24-06-2023 3/3

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T