Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1093 of 2020 Arising Out of PS. Case No.-273 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== RAJA KUMAR Son of Baleshwar Mahto @ Baleshwar Nishad Resident of Village - Malhipur Bind Toli, P.S.- Barauni (Chakiya), Distt.- Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-01-2020 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 392, 397 and 411 of the Indian Penal Code.

Informant has alleged in his written complaint that on 24.06.2019 at 5.40 a.m., while he was coming from Madhubani, two unknown persons armed with country made pistol snatched away Rs.3,000/- from his pocket on the strength of arms and fled away. He claims to identify the culprits. It has been submitted that petitioner is not named in the FIR and he has not been put on TIP although informant has stated that he would identify the culprits, if they are brought before him. It has further been submitted that name of the petitioner has surfaced in this case on the confessional

Patna High Court CR. MISC. No.1093 of 2020(2) dt.20-01-2020 2/2 statement made by accused in Barauni P.S. Case No.274 of 2019. Charge-sheet has already been submitted and no looted article was recovered from his possession. Petitioner is in custody since 09.07.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Barauni P.S. Case No. 273/2019 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

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

(S. Kumar, J) Sanjay/- U T