Allowed

Subham Kumar v. The State of Bihar

Patna HC13 Jul 2022CR. MISC./11882/2022

Case brief

AI extract

What is this about?

The Single Judge of the Patna High Court granted bail to the petitioner in a criminal case involving robbery and illegal possession of arms. The court ordered release upon furnishing a bail bond and compliance with specific conditions regarding presence in court and non-tampering with evidence.

What did the court decide?

Petitioner released on bail after framing of charge on furnishing bail bond of Rs. 10,000 with two sureties of the like amount each.

Subham Kumar Vs The State of Bihar — Contract and Commercial Disputes | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11882 of 2022

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Arising Out of PS. Case No.-122 Year-2021 Thana- NOWKOTHI GARHPURA DistrictBegusarai

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======================================================

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SUBHAM KUMAR S/o Manoj Kumar @ Manoj Singh Resident of VillagePahsara, Babhangama, P.S.- Nawkothi, District- Begusarai.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sada Nand Roy For the Opposite Party/s : Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 13-07-2022

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Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today.

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner seeks bail in connection with Nawkothi P.S. Case No. 122 of 2021 registered for the offences punishable under Sections 399, 402, 414 of the Indian Penal Code read with Sections 25(1-B)a, 26 and 35 of the Arms Act.

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As per prosecution case, informant and others went for conducting raid. It is further alleged that some miscreants was about to commit big occurrence. It is further alleged that as per seizure list two mobiles have been recovered from the possession of the present petitioner.

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Patna High Court CR. MISC. No.11882 of 2022(2) dt.13-07-2022 2/3

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Learned counsel for the petitioner submits that petitioner is in custody since 28.08.2021. Petitioner bears criminal antecedent of four cases. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that seizure list has not been made as per law and the petitioner has falsely been implicated in the present case.

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The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Rajiv Ranjan learned Judicial Magistrate, 1^st Class, Begusarai in connection with Nawkothi P.S. Case No. 122 of 2021, subject to following conditions:-

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn

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Patna High Court CR. MISC. No.11882 of 2022(2) dt.13-07-2022 3/3

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the affidavit in bail application.

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(ii) Petitioner will co-operate in trial and will

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remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.

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(iii) 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.

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(Alok Kumar Pandey, J)

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amitkr/-

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U T

Subham Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Subham Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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