Saurabh Kumar Bari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20068 of 2023 Arising Out of PS. Case No.-429 Year-2022 Thana- DINARA District- Rohtas ====================================================== Saurabh Kumar Bari, Son Of Munna Bari, Resident Of Village- Dinara, PsDinara, Distt- Rohtas At Sasaram ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Radha Krishna, Advocate For the Opposite Party/s :
Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Dinara (Bhanas) P.S. Case No. 429 of 2022 registered for the alleged offences under Section 392 of the Indian Penal Code.
3. As per prosecution case, two persons took lift on the truck of the informant when the truck reached their destination, one of them caught the neck of the informant and another person put katta on the temple of the informant and snatched Rs. 10,000/- from him. When the informant raised alarm, with the help of local people the petitioner was apprehended and other person who put the gun to the temple of the informant and snatched Rs. 10,000/- could not be caught.
Patna High Court CR. MISC. No.20068 of 2023(2) dt.16-05-2023 2/3 Petitioner is the person who was apprehended from the spot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no direct evidence to support the prosecution case. Petitioner is in custody since 18.11.2022 and charge-sheet has been submitted. Petitioner is having clean antecedent.
5. Learned APP opposes the prayer for bail submitting that the petitioner caught hold the neck of the informant while committing robbary.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from the petitioner and further considering the clean antecedent of the petitioner along with his period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-2, Bikramganj/concerned court in connection with Dinara (Bhanas) P.S. Case No. 429 of 2022, subject to the conditions
Patna High Court CR. MISC. No.20068 of 2023(2) dt.16-05-2023 3/3 mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) balmukund/- U T