Subodh Rabidas @ Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12459 of 2020 Arising Out of PS. Case No.-248 Year-2015 Thana- RAJGIR District- Nalanda ====================================================== Subodh Rabidas @ Subodh Kumar, Son of Late Muneshwar Rabidas @ Muneshwar Das, Resident of Village- Dumrawan, Tetuabigha, P.S.- Asthawan, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-06-2020 The matter has been listed today for consideration through video conferencing in view of the nationwide lockdown on account of COVID-19 pandemic.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Rajgir P.S. Case No.248 of 2015 instituted for the offence punishable under Section 392 of the Indian Penal Code.

The informant has alleged that he proceeded from

Patna High Court CR. MISC. No.12459 of 2020(3) dt.02-06-2020 2/3 Silaon Bazar carrying 25 Kgs. silver jewellery worth seven lacs rupees. His vehicle was intercepted by one Scorpio vehicle in which four persons were travelling and they have taken away silver jewellery.

Learned counsel for the petitioner submits that the petitioner is in custody since 25.10.2019 subsequent upon his remand in the instant case from Asthawan P.S. Case No.95/19, in which he was earlier in custody. The implication of the petitioner is on the basis of a confessional statement of coaccused Chhotu @ Chintu. It is further submitted that no recovery has been made from the petitioner. Till date, he has not been put on T.I. Parade. Even the learned court below, while rejecting the bail application, vide order dated 10.01.2020, had given him liberty to renew his prayer for bail after 2 months. Though there are some other cases pending against the petitioner. Learned APP for the State has opposed the prayer for bail. He has submitted that the co-accused has stated about the petitioner's involvement.

Considering the rival submissions, this Court is inclined to allow petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten

Patna High Court CR. MISC. No.12459 of 2020(3) dt.02-06-2020 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateIV, Nalanda (Biharsharif), in connection with Rajgir P.S. Case No.248 of 2015, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled. (Madhuresh Prasad, J) PNM U T