Rambabu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3752 of 2020 Arising Out of PS. Case No.-147 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== Rambabu Kumar, Son of Rameshwar Prasad, Resident of Village - Noneya, P.S.- Paharpur, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-01-2020 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner in the present case is seeking regular bail in connection with Nautan (Jagdishpur) P.S. Case No.147 of 2019 registered for the offence punishable under Sections 399/402/414 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that nothing has been recovered from the conscious possession of this petitioner and his name has transpired in the statement of the apprehended accused as the person who is said to have fled away on seeing the police party. Learned APP has opposed the prayer for bail.
Patna High Court CR. MISC. No.3752 of 2020(2) dt.21-01-2020 2/3 Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the name of the petitioner has transpired in the statement of the apprehended accused as the person who is said to have fled away on seeing the police party but save and except that statement there is no other material to connect the petitioner with the present case, he has got clean antecedent and the co-accused who were apprehended have been granted regular bail by learned different coordinate Benches of this Court in Cr.Misc.No.44630 of 2019, Cr.Misc.No.80046 of 2019 and Cr.Misc.No.45010 of 2019, let the petitioner above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran in connection with Nautan (Jagdishpur) P.S. Case No.147 of 2019, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted
Patna High Court CR. MISC. No.3752 of 2020(2) dt.21-01-2020 3/3 with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.
(Rajeev Ranjan Prasad, J) arvind/- U T