Praful Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10882 of 2019 Arising Out of PS. Case No.-140 Year-2018 Thana- JAMALPUR District- Munger ====================================================== PRAFUL KUMAR, aged about 26 years, (M) Son of Late Anil Yadav Resident of Sotipul Pariya, P.S.- Bariarpur, District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Ranjan For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-04-2019 Heard learned counsel for the parties.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Section 392 of the Indian Penal Code.

Informant has alleged that on 21.05.2018 at about 2:45 P.M. he along with one Udai Kumar were going to deposit Rs. 4,95,600/- in HDFC bank and when they reached near Jai Bangla Misthan store two miscreants snatched aforesaid cash on the point of pistol.

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

Patna High Court CR. MISC. No.10882 of 2019(2) dt.01-04-2019 2/3 this case on the basis of confessional statement of co-accused Raushan Kumar, who has already been granted regular bail by co-ordinate Bench of this Court as contained in Annexure-2 of the petition. Petitioner has not been put on Test Identification Parade. He is in custody since 03.12.2018.

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 court below where the case is pending in connection with Jamalpur P.S. Case No. 140 of 2018, with following condition:- (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.10882 of 2019(2) dt.01-04-2019 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