Lamantu Kumar @ Lemontu Kumar @ Lawantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 15445 of 2021 Arising Out of PS. Case No.-112 Year-2020 Thana- KUMAR KHAND District- Madhepura ====================================================== 1.

Lamantu Kumar @ Lemontu Kumar @ Lawantu Kumar Son Of Taranand Yadav Resident Of Village - Karwaili, P.S.- Kumarkhand, Distt.- Madhepur. 2.

Ajay Kumar Son of Ramkrishna Ram Resident of Village - Naulakhi, P.S.- Jankinagar, Distt.- Purnia.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Uday Chandra Pd. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-07-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioners and the State.

Petitioners seek bail in a case registered for the offence punishable under section 392 of the Indian Penal Code. As per the prosecution case, four unknown miscreants on the point of pistol looted away Rs.50,000/- from the informant.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No. 15445 of 2021(2) dt.01-07-2021 2/3 petitioners name has come on the confessional statement of coaccused Jitendra Sah and except this no incriminating material has been recovered from the conscious possession of the petitioners. Test Identification Parade has not been carried out till date. Petitioners are in custody since 24.9.2020. Considering the rival submissions of the parties, materials available on the record and the fact that no incriminating material has been recovered from the conscious possession of the petitioners and Test Identification Parade has not been carried out till date, and they are in custody since 24.9.2020, let the petitioners, mentioned above, 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 Sub Divisional Judicial Magistrate, Madhepura in Kumarkhand Police Station Case No. 112 of 2020 on the following conditions:-

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

(2) If the petitioners tamper with the evidence or the

Patna High Court CR. MISC. No. 15445 of 2021(2) dt.01-07-2021 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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