Lav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7595 of 2022 Arising Out of PS. Case No.-70 Year-2021 Thana- CHENARI District- Rohtas ====================================================== Lav Kumar Son of Raj Kumar Prasad R/O Village- Baharar, P.S.- Sasaram (Mufssil) District- Rohtas At Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chhote Lal Mishra For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in connection with Chenari P.S. Case No. 70 of 2021 registered for the offence under Section 395 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 28.07.2021.

It is alleged that some accused persons including the petitioner snatched the mobile phone of the informant on the point of pistol.

Learned counsel appearing on behalf of the accused/petitioner submitted that the name of the accused/petitioner has been surfaced in the present case on the basis of the confessional statement, leading to no recovery. It is

Patna High Court CR. MISC. No.7595 of 2022(2) dt.06-06-2022 2/3 further submitted that chargesheet has already been submitted in this case as such there is no chance of tampering with the evidence. It is further submitted that the allegation is limited only to snatching of mobile phone of the informant alongwith co-accused.

Learned APP appearing on behalf of the State while opposing the prayer for bail fairly conceded that the name of the accused/petitioner has been surfaced on the basis of confessional statement, leading to no recovery. Considering the facts and submissions as made above and as the chargesheet has been submitted in this case as such there is no chance of tampering with the evidence coupled with the fact that the allegation against the petitioner is limited only to snatching of mobile phone, let the petitioner, above named, is directed to be released on bail in connection with Chenari P.S. Case No. 70 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rohtas at Sasaram, subject to the following conditions:

"(i) That accused/petitioner shall not involve in the similar nature of offence

Patna High Court CR. MISC. No.7595 of 2022(2) dt.06-06-2022 3/3 till conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail of the petitioner.

(ii) That one of the bailors shall be the close relative of the accused/petitioner like mother/father/sister/brother."

(Chandra Shekhar Jha, J) Ankit/- U T