Banti @ Bambam @ Krishna Kumar @ Bambam Kumar @ Banti Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6936 of 2019 Arising Out of PS. Case No.-20 Year-2018 Thana- MADHEPURA District- Madhepura ====================================================== Banti @ Bambam @ Krishna Kumar @ Bambam Kumar @ Banti Yadav Barun Yadav, aged about 22 years, Gender- Male, Son of Barun Yadav, Resident of village-Bhapatia, P.S-Sour Bazar, Distt.-Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sameer Ranjan, adv.

For the Opposite Party/s :

Mr.Manoj Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-02-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Madhepura (Ghailarh) P.S. Case No. 20 of 2018 registered for the offences punishable under Section 392 of the Indian Penal Code.

Informant has alleged that while he was returning on his motorcycle, three unknown miscreants on two motorcycles intercepted him and snatched away his motorcycle, Rs. 2,000/-, mobile from his possession and fled away. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. F.I.R. is

Patna High Court Cr.Misc. No.6936 of 2019(2) dt.18-02-2019 2/3 against unknown. He has been falsely implicated in this case on the basis of his extra judicial confession and except said confession there is no any other incriminating material against petitioner. Nothing has been recovered from him and till today he has not been put on T.I.P. Petitioner is in custody since 25.05.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhepura, in connection with Madhepura P.S. Case No. 20 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the

Patna High Court Cr.Misc. No.6936 of 2019(2) dt.18-02-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T