Asish Kumar @ Badal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 3975 of 2020 Arising Out of PS. Case No.-66 Year-2019 Thana- BALIGAON District- Vaishali ====================================================== Asish Kumar @ Badal aged about 25 years (M) Son of Shivnath Sahni Resident of Village - Sahpur Khurd, P.S. - Kathara, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-01-2020 Heard learned counsel for the parties.

The petitioner seeks bail in Baligaon P.S. Case No. 66 of 2019 registered for the offence under Section 392/34 of the Indian Penal Code.

It is a case of loot of Rs. 73,500/- from a Customer Service Centre of State Bank of India at village Kuria Chauk (Vaishali) by four persons and it is alleged that petitioner was one of the accused, who was involved in aforesaid crime. It is submitted on behalf of petitioner that petitioner is innocent and he has falsely been implicated in this case. Neither any incriminating article has been recovered from the possession of the petitioner nor he was put on T.I.P. It is further submitted that petitioner is not named in the F.I.R. and he has been remanded in the present case only on the confession of co-

Patna High Court CR. MISC. No.3975 of 2020(2) dt.23-01-2020 2/2 accused Rahul Kumar. In this case, chargesheet has already been submitted and petitioner is in custody since 30-09-2019. Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioner be enlarged 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, Vaishali at Hajipur in connection with Baligaon P.S. Case No. 66 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 and shall remain physically present, as directed by the Court 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