Dashrath Kumar @ Dashrath Kumar Rai @ Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6867 of 2022 Arising Out of PS. Case No.-778 Year-2020 Thana- SONEPUR District- Saran ====================================================== Dashrath Kumar @ Dashrath Kumar Rai @ Akash Kumar S/o- Dwarika Ray Resident of Village - Pravezabad, P.S. - Sonpur, District - Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Mohan Singh, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, App ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 14-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within four weeks from today.

The petitioner seeks regular bail in connection with Sonepur P.S. Case No. 778 of 2020 instituted for the offences punishable under Section 392 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 28.10.2021, charge-sheet has been submitted in the case and has antecedent of four cases. The prosecution case in short is that, on 27.10.2020 at about 9.40 pm, while going to Patna from Sonepur, informant was intercepted by four unknown miscreants and snatched his mobile, Rs. 10,000/- cash as well as golden chain and also

Patna High Court CR. MISC. No.6867 of 2022(2) dt.14-06-2022 2/3 threatened to kill him (informant).

Learned counsel for the petitioner further submits that the petitioner is not named in the F.I.R. During the course of investigation petitioner's name disclosed after the confessional statement of another co-accused namely, Rahul Kumar. It is further submitted that till date, no Test Identification Parade (T.I.P.) has been held in this case. Further, it is submitted by learned counsel for the petitioner that petitioner was named accused in Sonepur P.S. Case No. 824 of 2020 and he was in custody thereafter police officials have got remanded in the present case.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 28.10.2021, charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist class, Saran at Chapra in connection with Sonepur P.S. Case No. 778 of 2020 subject to the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.6867 of 2022(2) dt.14-06-2022 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her 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.

(Khatim Reza, J) lata/- U T