Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12994 of 2022 Arising Out of PS. Case No.-695 Year-2021 Thana- NAGAR District- Vaishali ====================================================== Prince Kumar Son of Amod Kumar Rai R/o village - Senduari Govind, Ward No.- 3, P.S.- Hajipur (Sadar), District - Vaishali. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Advocate.

For the Opposite Party/s :

Mr. Amit Kumar Rakesh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Town P.S. Case No. 695 of 2021 lodged under Sections 392 of the Indian Penal Code, 1860.

It has been alleged in the FIR that in the shop of the informant 3 persons with face mask entered into the shop and looted the different items including mobile and cash amounting rupees 25-30 thousand.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. No TIP has taken place, his name has figured in the case by virtue of observation of CCTV footage and subsequently, on the confessional statement of co-accused. Learned counsel for the petitioner further submits that petitioner is in custody since 01.11.2021, charge sheet has already been filed in this case and

Patna High Court CR. MISC. No.12994 of 2022(2) dt.07-07-2022 2/2 he further submits that CCTV footage cannot be a conclusive piece of identification without the report of FSL, on the point that the petitioner have two criminal antecedent. He further submits that he is ready to face the trial and shall appear each and every date and he also submits that till date charge has not been framed in the present case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case that petitioner is in custody since 01.11.2021 and charge sheet has already been filed, let the trial court is directed to release the petitioner on bail after framing of charge to his satisfaction, subject to the following conditions:- The petitioner is directed to appear on each and every date before the Trial Court, in case of non-appearance for two consecutive dates, shall resulted into cancellation of his bail bond. If he shall involve in such type of activities again, the prosecution shall be at liberty to move for cancellation of his bail bond.

Accordingly, the bail application stands allowed. (Dr. Anshuman, J.) ravishankar/- U T