Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2585 of 2019 Arising Out of PS. Case No.-84 Year-2018 Thana- PATEPUR District- Vaishali ====================================================== Sunny Kumar son of Avadhesh Ray, r/o Village Chakkhaje, P.S. Tisiauta, District Vaishali.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 23-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Patepur P.S. Case No. 84 of 2018 registered for the offence punishable under Section 395 of the Indian Penal Code.

Informant has alleged that on 19.05.2018 at about 8:30 pm when he was returning to his home then near Yogi Mandir he was intercepted by 8 unknown accused who on the point of pistol snatched Rs, 42000/-, mobile and golden chain. FIR is against unknown.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on suspicion. It has been submitted on behalf of the petitioner that the name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused Rishab Kumar. Nothing has been recovered from the possession of Petitioner. Informant has claimed to identify the accused but no T.I.

Parade was done.

Patna High Court Cr.Misc. No.2585 of 2019(2) dt.23-01-2019 2/2 Similarly, situated co-accused person has been granted bail by a co-ordinate bench of this Court vide order dated 18.12.2018 in Criminal Miscellaneous No. 75975 of 2018. Petitioner is in custody since 17.07.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-10th Vaishali at Hajipur, in connection with Patepur P.S. Case No. 84 of 2018, 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) ranjan/- U