Adway Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16281 of 2022 Arising Out of PS. Case No.-413 Year-2020 Thana- FALKA District- Katihar ====================================================== Adway Kumar Singh, Son of Ramashish Singh Resident of Village - Dharahra, Police Station - Gopalpur, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-09-2022 Heard learned counsel for the petitioner and the learned APP for the State.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Falka P.S. Case No.413 of 2020 instituted under Section 392 of the IPC.

The prosecution case, in short, is that on 14.12.2020 the informant, after collection of cash (i.e Rs 1,08,000/-) from shopkeepers was on his way home, when two unknown miscreants riding a motorcycle intercepted the informant and demanded money on the gun point and further snatched the amount of Rs. 1,08,000/- as well as his Driving License and 'Adhar' Card. Later the informant came home and narrated the ordeal to family members and friends who brought him to police

Patna High Court CR. MISC. No.16281 of 2022(4) dt.27-09-2022 2/3 station for institution an FIR.

Learned counsel for the petitioner submits that for the said act he had suffered a lot by being in custody since 17.03.2021 and is a young boy and be given a chance to reform himself.

Considering the fact that he is in custody since 17.03.2021, charge-sheet stands submitted and is a young boy, this Court is inclined to grant him privilege of bail subject to strict conditions in view of the fact that he has criminal antecedent under his belt.

Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Falka P.S. Case No.413 of 2020 to the satisfaction of learned A.C.J.M., Ist, Katihar, subject to following conditions:

(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail by the Trial court itself;

Patna High Court CR. MISC. No.16281 of 2022(4) dt.27-09-2022 3/3 (iii) the petitioner shall leave the district (Bhagalpur) for a period of three month(s) after providing name and address and police station of his place of stay during the said period and he shall be duty bound to visit the police station (where he will stay) every week to mark his attendance;

(iv) upon return to his district, he shall visit the concerned police station every fortnight for the next six months; (v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(vi) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T