Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33729 of 2018 Arising Out of PS.Case No. -67 Year- 2018 Thana -BELDAUR District- KHAGARIA ======================================================

1. Raju Kumar, S/o Avadhesh Singh, Resident of Village- Chak Hussaini, P.S.- Mansi, District- Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Indra Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 12-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 19.04.2018 in connection with Beldaur P.S. Case No. 67 of 2018 registered for the offences punishable under Section 395 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has been taken into custody only on suspicion. Even though he was one of the members of the Barat party as a driver of the D.J. vehicle had been accompanying the entire Barat party which is alleged to have been looted by some miscreants. It is further submitted that on account of the fact that the petitioner was not present when the alleged dacoity was reported, it has been

Patna High Court Cr.Misc. No.33729 of 2018 (3) dt.12-07-2018 2/3 suspected that the petitioner was a part of the gang which had looted the vehicle and on that basis, he has been taken into custody.

Having heard learned counsel for the petitioner and learned counsel appearing on behalf of the State and because no T.I. Parade has been conducted till date nor has there been any recovery from the possession of the petitioner, let the petitioner above named, 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 the Chief Judicial Magistrate, Khagaria, in connection with Beldaur P.S. Case No. 67/2018, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or their wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

Patna High Court Cr.Misc. No.33729 of 2018 (3) dt.12-07-2018 3/3

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Saif/- U T