Nawin Kumar @ Pujwa @ Puswa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27766 of 2021 Arising Out of PS. Case No.-28 Year-2021 Thana- SIKANDRA District- Jamui ====================================================== Nawin Kumar @ Pujwa @ Puswa, Son of Tribhuwan Prasad Resident of Village - Balwapar, P.S. Warisaliganj, District - Nawada, at present House of Ravindar Sao, Bypass, P.S. and District - Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar, Adv.

For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-01-2022 The matter has been listed today for consideration through virtual mode.

Heard learned counsel appearing on behalf of the petitioner as well as learned Additional Public Prosecutor appearing for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner who is in custody since 23.01.2021 seeks bail in connection with Sikdandara P.S. Case No.28 of 2021 registered for the offence punishable under Section 394 of the IPC.

Prosecution case in brief, is that the informant who is C.S.P. operator at Lachuar and while they were going to State Bank, Sikandara to C.S.P. Lachuar and C.S.P. Sabalbigha

Patna High Court CR. MISC. No.27766 of 2021(5) dt.19-01-2022 2/3 accused persons on a Motorcycle bearing registration no.JH10AD-5046 came and surrounded the informant, and tried to snatch the motorcycle of the informant, brutally assaulted them and snatched a bag which was containing Rs.3,00,000/- and Rs.1,76,000/- and fled away.

Learned counsel appearing on behalf of the petitioner submits that, two co-accused have already been released on bail, the petitioner is having clean antecedent and in course of investigation it has come that Rs.60,000/- was recovered from the possession of the petitioner and till date petitioner has not been put on TIP. He further submits that the amount which has been recovered belongs to the petitioner. Learned APP for the State vehemently opposes the prayer for grant of bail to the petitioner.

Considering the above mentioned facts and circumstances of the case, charge sheet has been submitted and there is no allegation of tampering the evidence or influecing the witness, the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Jamui in connection with Sikandara P.S. Case No.28/2021, subject to the

Patna High Court CR. MISC. No.27766 of 2021(5) dt.19-01-2022 3/3 following conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Purnendu Singh, J) Prakash Narayan /- U T