Sargun Das @ Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13941 of 2021 Arising Out of PS. Case No.-227 Year-2018 Thana- DHURAIYA District- Banka ====================================================== Sargun Das @ Sujeet Kumar Son Of Ashok Das Resident Of Village - Kathchatar, P.S.- Rajoun, District - Banka ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad, Advocate For the Opposite Party/s :

Mr. TP Mandal, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

As per the prosecution case, while the informant was returning to his branch, four miscreants riding on two motorcycle obstructed him and on the point of pistol snatched Rs.64,805/- along with his bag containing register, loan form, mobile phone.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR. Petitioner's name has figured during course of investigation in confessional statement of co-accused Rahul Kapri. Test Identification Parade has not been carried out till date. He is in custody since 27.11.202019

Patna High Court CR. MISC. No.13941 of 2021(4) dt.23-08-2021 2/2 and charge sheet has already been submitted. Learned counsel appearing for the State opposes the prayer for bail.

Considering the rival submissions of the parties and materials available on the record, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Banka in Dhoraiya Police Station Case No. 227 of 2018 on the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) 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.

(Prabhat Kumar Singh, J) shashi/- U T