Om Prakash @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3836 of 2020 Arising Out of PS. Case No.-370 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== Om Prakash @ Chhotu S/o- Jitendra Ram, R/o- Village-Harihar Pur, Mishratoli, P.S.- Teghra, District - Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubhesh Pandey For the Opposite Party/s :

Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-02-2021 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner, who is in custody since 23.10.2019, is seeking regular bail in connection with Barauni (Garhara O.P.) P.S. Case No. 370 of 2019 registered for offence punishable under section 392 of the Indian Penal Code. The petitioner has antecedent of two criminal cases. In the present case allegation has been made that the informant was returning his house after finishing the private job and when he reached near Rajwara Kabin, three persons riding on a Pulsar Motorcycle dashed him and on the strength of pistol snatched his mobile and cash Rs.5,700/- and when he was upholding his motorcycle, two motor cycle riders came and

Patna High Court CR. MISC. No.3836 of 2020(6) dt.05-02-2021 2/3 asked what happened. These persons tried to chase the looters and the informant went to his house on motor cycle. In the case diary it shows that these persons were chasing to intercept the looter but the persons sitting behind started firing and on that account one person died. Learned counsel for the petitioner submits that there is no specific allegation against the petitioner to have committed murder of the victim and in the present case there is no allegation of committing murder but only allegation related to road robbery.

Looking to the facts and circumstance of the case, let the petitioner above named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Barauni (Garhara O.P.) P.S. Case No. 370 of 2019, subject to the condition that one of the bailors of the petitioner shall be his close relative. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in disposal of trial and make himself available as and when required by the court. If the petitioner is found involved in the similar type of offence in future, the prosecution will have liberty to file an application before the court below for

Patna High Court CR. MISC. No.3836 of 2020(6) dt.05-02-2021 3/3 cancellation of the bail of the petitioner and the court below will take decision in accordance with law.

(Shivaji Pandey, J) Mahesh/- U T