Raja Kumar @ Nunu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.724 of 2024 Arising Out of PS. Case No.-145 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Raja Kumar @ Nunu Son of Bandhu Yadav R/o vill - Fulmalik (Kurha), P.S. - Sahebpur Kamal, Distt. - Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ananya D/o Upendra Kumar Chaudhary Branch Manager, South Bihar Rural Bank Branch, Gadhi Bishanpur, Distt. - Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hare Krishna Prasad, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Lakhisarai P.S. Case No.145 of 2023, lodged on 27.02.2023, under Sections 392/395/412/120B of the Indian Penal Code and under Sections 25(1-b)A/26 of the Arms Act.

3. As per the prosecution, FIR has been lodged against two unknown accused persons against whom that they have entered in the Bank and committed robbery of Rs.94,050/- from the cash room/bolt room. Their pictures were captured in the CCTV as mentioned in the FIR.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.724 of 2024(2) dt.18-01-2024 2/3 petitioner is innocent and has committed no offence. He submits that the accused persons whose name is there in the FIR has been identified as Sujit Kumar and Kundan Kumar and on their confessional statement, the name of the petitioner has figured. Counsel submits that nothing has been recovered from the possession of the petitioner nor he was put on Test Identification Parade. Counsel further submits that one accused, namely, Praduman Kumar has also been made accused in this case on the confessional statement of these two accused persons to whom the co-ordinate Bench of this Court has granted bail vide order dated 05.01.2024 passed in Cr. Misc. No.84337 of 2023. Counsel submits that antecedent of the petitioner is clean and he is in custody since 24.04.2023.

5. Learned counsel for the State opposes the prayer for bail.

6. 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 Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No.145 of 2023, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.724 of 2024(2) dt.18-01-2024 3/3 437(3) of the Code of Criminal Procedure with other following conditions:

(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T