Jai Prakash Kumar @ Jai Prakash Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7929 of 2019 Arising Out of PS. Case No.-62 Year-2018 Thana- KARJA District- Muzaffarpur ====================================================== JAI PRAKASH KUMAR @ JAI PRAKASH BHAGAT, aged about 23 years, (M) Son of Nawal Bhaghat Resident of Village - Vaishali Kachahari, P.S and District Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Karja P.S. Case No. 62 of 2018 registered for the offence punishable under Section 392 of the Indian Penal Code.

Allegation is of snatching of a sum of Rs. 4.35 lacs approx. from Reliance petrol pump by four unknown miscreants.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He is not named in FIR. Name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused Abhihshek Kumar Srivastava and except the said confession

Patna High Court CR. MISC. No.7929 of 2019(2) dt.26-02-2019 2/3 there is nothing against the petitioner. Nothing has been recovered from his possession. It has been further submitted that similarly placed co-accused has been granted bail by co-ordinate Bench of this Court vide order dated 25.01.2019 passed in Cr. Misc. No. 3985 of 2019. He is in custody since 27.08.2018. 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/- with two sureties of the like amount each to the satisfaction of learned Additonal Chief Judicial Magistrate- II, West Muzaffarpur, in connection with Karja P.S. Case No. 62 of 2018, with following 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 the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the

Patna High Court CR. MISC. No.7929 of 2019(2) dt.26-02-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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