Romit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13167 of 2024 Arising Out of PS. Case No.-492 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Romit Kumar Son of Robin Yadav Resident of Village- Naya Tola, Jurabganj, Police Station- Kodha, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvesh Kashyap, Adv.

For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sheikhpura P.S. Case No. 492 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. The accusation against the petitioner is that he along with the co-accused persons snatched the bag and mobile of the Informant. It is alleged that the amount of Rs. 30,386/- and receipt were kept in the bag.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and he has been

Patna High Court CR. MISC. No.13167 of 2024(2) dt.04-03-2024 2/3 remanded in this case merely on the basis of the confessional statement of co-accused Ritik Kumar. He has further stated that save and except confessional statement, there is nothing against the petitioner. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has three criminal antecedents as has been stated in paragraph no.3 of the present bail application and in all of them, he is on bail. The petitioner is in judicial custody since 19.08.2023 and he has been remanded in this case on 16.10.2023. Charge-sheet has been submitted and the charge has also been framed in this case.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner as also there being no direct allegation against the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sheikhpura P.S. Case No. 492 of 2023, subject to following conditions; (i) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.13167 of 2024(2) dt.04-03-2024 3/3 the family of the petitioner.

(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) rishi/- U T