Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27470 of 2017 Arising Out of PS.Case No. -36 Year- 2017 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================

1. Raju Kumar, son of Ranjit Singh, resident of Village- Badpur, P.S.- Maranchi, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 27-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in judicial custody since 11.02.2017 in connection with Sahebpur Kamal P.S.Case No. 36 of 2017 for the offences alleged under Sections 406, 409, 420, 379, 414, 467, 468, 471, 401 and 34 of the Indian Penal Code. The prosecution case, as lodged by the police personnel is that during checking white Hundyai car was intercepted and four persons were found sitting in the car. From the possession of the petitioner one driving licence, 22 ATM cards Voter I.D., Rs. 5,000/- and mobile were recovered and from other accused persons number of ATM cards, mobiles and other belongings were recovered.

Patna High Court Cr.Misc. No.27470 of 2017 (3) dt.27-07-2017 2/3 It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in the aforesaid case It is further submitted that no overt act has been committed by the petitioner and charge sheet has already been submitted, hence, there is no chance of tampering with the prosecution witnesses. He further submits that two accused persons have already been granted privilege of bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 24276 of 2017 on 24.05.2017.

However, learned A.P.P. opposes the prayer for bail stating that the petitioner has indulged in two more cases of similar nature earlier and some ATM cards were found from his possession.

Be that as it may, let above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. V, Begusarai, in connection with Sahebpur Kamal P.S.Case No. 36 of 2017, subject to the condition that both the bailors would be close relative of the petitioner with sufficient immovable property within the jurisdiction of the concerned police station/court, who will file an affidavit stating their relationship with the petitioner and the petitioner will appear before the court below during trial on each and every date

Patna High Court Cr.Misc. No.27470 of 2017 (3) dt.27-07-2017 3/3 and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J) singh/- U T