Garib Nath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4172 of 2020 Arising Out of PS. Case No.-587 Year-2019 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== 1.

Garib Nath Kumar Son of Chandeshwar Sahni Resident of Village - Bijai Chhapra, P.S. - Adhiyapur, District - Muzaffarpur. 2.

Ajay Kumar Son of Garibnath Sahni Resident of Village - Bijai Chhapra, P.S. - Adhiyapur, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Goswami, Advocate For the Opposite Party/s :

Mrs.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-01-2020 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in Kanti P.S. Case No. 587 of 2019, registered for the offences punishable under Section 392 of the Indian Penal Code.

It is alleged that petitioners along with other coaccused boarded on two motorcycles, overtook the informant from behind and on the point pistol, snatched away informant's wallet, mobile, cash and motorcycle.

It is submitted by learned counsel appearing on behalf of petitioners that petitioners have falsely been implicated in this case merely on suspicion. FIR is against unknown. Name of petitioners has surfaced in this case on the basis of confessional

Patna High Court CR. MISC. No.4172 of 2020(2) dt.23-01-2020 2/2 statement of co-accused Ravindra Sahni. No incriminating article has been recovered from possession of these petitioners. No test identification parade has been held till date. Petitioners have been remanded in this case on 08.11.2019. Considering the facts aforesaid, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, West Muzaffarpur in connection with Kanti P.S. Case No. 587 of 2019, subject to the following conditions:- (i) The petitioners 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 in the event of failure on two consecutive dates without sufficient reasons, their bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioners tamper 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 petitioners. (Prabhat Kumar Singh, J) vinita/- U T