Santanu Kumar @ Chuhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28801 of 2021 Arising Out of PS. Case No.-492 Year-2019 Thana- BARH District- Patna ====================================================== Santanu Kumar @ Chuhari Son Of Late Raghu Nandan Paswan @ Pasi R/O Village- Bichali Malahi, P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

10-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Barh P.S. Case No. 492 of 2019, registered for the offence under Section 394 of the Indian Penal Code.

As per the prosecution case, some unknown miscreants intercepted the informant on a National Highway and on the point of pistol, snatched his bag containing cash of Rs. One lakh and mobile phone and thereafter, opened indiscriminate firing and fled away from the place of occurrence.

Petitioner is not named in the FIR. The name of the petitioner has come during course of investigation on the

Patna High Court CR. MISC. No.28801 of 2021(2) dt.10-08-2021 2/3 confessional statement of co-accused Amit Kumar, who has already been granted bail by a coordinate Bench of this Court, vide order dated 25.08.2020 passed in Cr.Misc. No. 22453 of 2020. It is further submitted that no incriminating article has been recovered from the possession of the petitioner and till date, petitioner has not been put on Test Identification Parade. Petitioner is in custody since 31.10.2020. Chargesheet has been submitted.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Barh, Patna in connection with Barh P.S. Case No. 492 of 2019, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the

Patna High Court CR. MISC. No.28801 of 2021(2) dt.10-08-2021 3/3 prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay/- U T