Rakesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15330 of 2021 Arising Out of PS. Case No.-291 Year-2019 Thana- KORHA District- Katihar ====================================================== Rakesh Singh S/O- Ram Naresh Singh Resident of Village- Kheriya/Kheria, P.S. Korha, Distt. - Katihar.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pawan Kumar Singh For the Opposite Party/s :
Mr. Satyendra Pd. A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2021 Heard learned counsel for the parties through video conferencing.
The petitioner seeks bail in Korha P.S. Case No. 291 of 2019, registered for the offence under Sections 392, 411/34 of the Indian Penal Code.
As per the prosecution case, while the informant was returning home on motorcycle with a bag containing cash of Rs. 11,40,000/- (Eleven lacs forty thousand only), some miscreants intercepted and assaulted him by iron rod and thereafter, snatched the cash bag and fled away. However, on seeing the police party, they threw the cash bag and thereafter, the informant got back his money.
Petitioner is not named in the FIR. Name of the petitioner has come on the basis of confessional statement of co-
Patna High Court CR. MISC. No.15330 of 2021(2) dt.22-07-2021 2/2 accused Ajay Kr. Das. No incriminating article has been recovered from the possession of the petitioner and he is in custody since 12.10.2020. Investigation is complete. Learned A.P.P. for the State has opposed the bail petition.
Considering the rival submissions of the parties, materials available on record and period of custody, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Korha P.S. Case No. 291 of 2019, on the following conditions:
"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his 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) anay/- U T