Dhananjay Kumar @ Dhanannjay ... vs The State Of Bihar
2021 Latest Caselaw 4170 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 30616 of 2021
     Arising Out of PS. Case No.-792 Year-2019 Thana- KHAGARIA District- Khagaria
 ======================================================

Dhananjay Kumar @ Dhanannjay Kumar, aged about 20 years, Male Son of Birendra Singh, Resident of Village- Amni, PS- Mansi, District- Khagaria.

... ... Petitioner/s Versus The State of Bihar

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

 For the Petitioner/s    :        Mr. Binod Kumar, Advocate
 For the State           :        Mr. Mustaque Alam, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 18-08-2021

The matter has been heard via video conferencing.

2. Heard Mr. Binod Kumar, learned counsel for the

petitioner and Mr. Md. Mustaque Alam, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner is in custody in connection with

Khagaria (Muffasil) PS Case No. 792 of 2019 dated 23.10.2019,

instituted under Sections 461 and 379 of the Indian Penal Code.

4. This is the second attempt for bail by the petitioner as

earlier such prayer was rejected by judgment and order dated

05.01.2021 passed in Cr. Misc. No. 32222 of 2020.

5. The allegation against the petitioner is that he had

stolen the laptop, camera, wi-fi, cash and important documents

from the shop of the informant.

Patna High Court CR. MISC. No.30616 of 2021 dt.18-08-2021

6. Learned counsel for the petitioner submitted that the

Court has already considered the merits as has been noted in the

last order of rejection. However, it was submitted that the Court

may consider one aspect i.e., there was no document produced by

the informant to establish that the articles which were recovered

from the petitioner belonged to him as upon being asked for the

papers, he had stated that he had burnt the same. Learned counsel

submitted that the petitioner is suffering from various diseases and

his left leg and right hand was fractured in a motorcycle accident

and his left eye was also injured and since then he has lost vision

in one eye. Learned counsel submitted that the petitioner is in

custody since 17.02.2020. It was submitted that though the

petitioner has been made accused in seven other cases, but all such

implication has been after the police took him on remand in

Khagaria PS Case No. 58 of 2020, which is the case related to the

present case. Further, it was submitted that the cases relate to petty

theft and ancillary allegations and there is no major allegation of

committing a crime which is a threat to society as a large or would

damage the society in general. Further, learned counsel submitted

that the Court may impose strict conditions on the petitioner to

ensure that he does not commit any crime again.

Patna High Court CR. MISC. No.30616 of 2021 dt.18-08-2021

7. Learned APP submitted that the Court has already

considered and rejected the matter on merits and no fresh grounds

have been shown for reconsideration.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

is persuaded to allow the prayer.

9. Accordingly, let the petitioner be released on bail

upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

with two sureties of the like amount each to the satisfaction of the

learned Judicial Magistrate, 1st Class, Khagaria in Khagaria

(Muffasil) PS Case No. 792 of 2019 subject to the conditions (i)

that one of the bailors shall be a close relative of the petitioner, (ii)

that the petitioner and the bailors shall execute bond with regard

to good behaviour of the petitioner, (iii) that the petitioner shall

also give an undertaking to the Court that he shall not indulge in

any illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses

and (iv) the petitioner shall appear before the SHO of his local

police station every Sunday morning at 11:00 AM. Any violation

of the terms and conditions of the bonds or the undertaking or

failure to appear before the SHO every Sunday at 11:00 AM shall

lead to cancellation of his bail bonds. The petitioner shall Patna High Court CR. MISC. No.30616 of 2021 dt.18-08-2021

cooperate in the case and be present before the Court on each and

every date. Failure to cooperate or being absent on two

consecutive dates, without sufficient cause, shall also lead to

cancellation of his bail bonds.

10. It shall also be open for the prosecution to bring any

violation of the foregoing conditions by the petitioner, to the

notice of the Court concerned, which shall take immediate action

on the same after giving opportunity of hearing to the petitioner.

                     11.    The     petition      stands     disposed         of   in   the

           aforementioned terms.



                                               (Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR
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