Bambam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14689 of 2020 Arising Out of PS. Case No.-57 Year-2019 Thana- PASRAHA District- Khagaria ====================================================== Bambam Kumar S/o Mahesh Yadav R/o village- Baisha, P.S.- Parbatta, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-06-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Pasraha P.S. Case No. 57 of 2019 registered for the offence under section 395 of the Indian Penal Code to which section 412 of the Indian Penal Code was added subsequently.

As per allegation in the FIR, the Alto Car in which informant was travelling was forcibly taken away by the accused persons. Subsequently the petitioner was arrested by the police and was also identified by the informant. It is submitted by learned counsel for the petitioner that the petitioner had moved this Court earlier for bail vide Cr. Misc. No. 74497 of 2019 but the same was dismissed vide order

Patna High Court CR. MISC. No.14689 of 2020(2) dt.05-06-2020 2/3 dated 28.1.2020 (Annexure-1) giving liberty to the petitioner to renew his prayer for bail once the charge is framed in the case. It is further submitted by learned counsel for the petitioner that charge had been framed in the case against the petitioner on 25.11.2019, which would be evident from Annexure-3 to the petition but the said fact was not brought before this Court at the time of hearing of the earlier bail application. The petitioner is in custody since 27.5.2019 and has no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the liberty granted by the Court in it's order dated 28.1.2020, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with S.T. No. 314 of 2019 (arising out of Pasraha P.S. Case No. 57 of 2019, G.R. No. 1396 of 2019) on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Fast Track Court-II, Khagaria. In the facts of the case, the petitioner is directed to remain personally present in Court on each date of the trial and

Patna High Court CR. MISC. No.14689 of 2020(2) dt.05-06-2020 3/3 in case of his absence on two consecutive dates, for reasons not to the satisfaction of the learned Court below, the bail bond of the petitioner shall be cancelled and he shall be taken into custody till conclusion of the trial.

(Partha Sarthy, J) sushma/- U