IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3490 of 2022

Arising Out of PS. Case No.-196 Year-2021 Thana- CHAUTHAM District- Khagaria

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Bharat Kumar, aged about 25 years, Male Son of Dashrath Singh, Resident of

Village - Lagma, P.S.- Chautham, District- Khagaria.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Mrityunjay Kumar, Advocate

For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

ORAL ORDER

2

06-06-2022

Heard learned counsel for the petitioner and learned

APP for the State.

Let the defect(s), if any, as pointed out by the office

be removed within a period of four weeks from today.

The petitioner seeks bail in connection with

Choutham P.S. Case No. 196 of 2021 registered for the offences

punishable under Sections 395 and 412 of the Indian Penal

Code.

The prosecution case is that some miscreants

committed Dacoiti in the house of the informant and during

investigation the name of the petitioner came up as one of the

accused persons and some stolen property was allegedly

recovered from the petitioner.

Learned counsel for the petitioner has submitted that

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the FIR was registered against unknown and no stolen property

has been recovered from the possession of the petitioner. No

Test Identification Parade has been conducted. Merely on the

basis of suspicion and the statement of co-accused, the

petitioner has been made accused. The petitioner is in custody

since 25.09.2021. Petitioner has got no criminal antecedent and

he has got job in Railways last year. One of the co-accused

namely, Girish Singh has been granted the privilege of

anticipatory bail by a co-ordinate Bench of this Court in Cr.

Misc. No. 20802 of 2022 on 13.05.2022.

Having regard to the aforesaid submissions,

considering the clean antecedent and the period of custody, let

the petitioner above named be released on bail on furnishing

bail bonds of Rs. 10,000/- (ten thousand) with two sureties of

the like amount each to the satisfaction of the learned Judicial

Magistrate 1^st Class, Khagaria in connection with Choutham P.S.

Case No. 196 of 2021, subject to the following conditions:

(i) One of the bailors will be a close relative of the

petitioner, preferably one of his parents.

(ii) The petitioner will remain present on each and

every date fixed by the court below and will not delay the trial.

(iii) In case of absence for three consecutive dates or

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in violation of the terms of the bail, his bail bond will be liable

to be cancelled by the Court concerned.

Anand Kr.

(Arun Kumar Jha, J)

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