Ramchandra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20417 of 2022 Arising Out of PS. Case No.-5 Year-2022 Thana- BELHAR District- Banka ====================================================== RAMCHANDRA KUMAR SON OF FULESHWAR PANDIT R/O VILLAGE- BHOJPUR, P.S.- BELHAR, DISTRICT- BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhakar Kumar For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 08-06-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Belhar P.S. Case No. 05 of 2022 registered for the offence punishable under Section 392 of the Indian Penal Code. As per prosecution case, the informant being R.O. of Bandhan Bank was going to his office at Sangrampur after collecting Rs. 35,000/- from Tengra village and when he reached near Tin-Paharia, three miscreants riding on a motorcycle obstructed him and looted his bag containing Rs. 35,000/-, a sliver coloured TAB, mobile and other documents on gun point. It is alleged that name of the petitioner has been

Patna High Court CR. MISC. No.20417 of 2022(2) dt.08-06-2022 2/3 transpired as user of the said mobile looted in the alleged occurrence.

Learned counsel for the petitioner submits that petitioner is in custody since 20.01.2022 and bears no criminal antecedent. Petitioner is not named in the FIR as the FIR is against unknown. He further submits that petitioner has falsely been implicated in the present case.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as period of custody and also taking into consideration the material available on record, let the petitioner above named be released on bail, after framing of charge, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Belhar P.S. Case No. 05 of 2022, subject to following conditions:- (i) One of the bailor shall be either father or mother or sister or brother or wife or the person who sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive

Patna High Court CR. MISC. No.20417 of 2022(2) dt.08-06-2022 3/3 dates would be a ground for cancellation of bail by the learned Trial court itself.

(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) shahzad/- U T