Anil Kumar Singh @ Anil Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18878 of 2020 Arising Out of PS. Case No.-83 Year-2019 Thana- JADOPUR District- Gopalganj ====================================================== Anil Kumar Singh @ Anil Singh S/o Balister Singh @ Bairister Rai Resident of Village-Dumariya, Mahua Tola, P.S.-Manjhagarh, District-Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.
05-06-2020 Heard learned counsel for the parties through video conferencing.
This relates to grant of bail in Gopalganj (Town) P.S. Case No. 83 of 2019, registered for the offence under Section 395 of the Indian Penal Code.
As per prosecution case, on 21-08-2019, while the informant with his friend Firoj Alam was coming on a motorcycle, six persons came from a car. Out of whom, four persons got down and two of them pointed pistol and robbed six thousand rupees, mobile phone and purse containing valuable documents viz. ATM card, Pan card etc. from the informant and two thousand rupees and mobile phone from his pillion rider. The miscreants also took away key of the motorcycle. It is submitted on behalf of petitioner that petitioner is not named in the F.I.R. His name has come only on confessional
Patna High Court CR. MISC. No.18878 of 2020(2) dt.05-06-2020 2/3 statement of co-accused. Nothing has been recovered from possession of the petitioner. It is further submitted that two similarly situated co-accused Deepak Kumar and Bittu Kumar have already been granted bail by this Court, vide Cr.Misc. No. 4430 of 2020 and Cr. Misc. No. 2624 of 2020 (Annexure 2). In this case, till date the petitioner has not been put on T.I.Parade and he is in custody since 09-09-2019.
Considering the aforesaid facts and circumstances, the bail application is allowed.
Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gopalganj in connection with Gopalganj (Town) P.S. Case No. 83 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 and shall remain physically present, as directed by the Court 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 prosecution will be at liberty to move for cancellation of bail.
(3) The petitioner will appear in local police station for a period of six months, so that police may watch his conduct, otherwise, his
Patna High Court CR. MISC. No.18878 of 2020(2) dt.05-06-2020 3/3 bail-bonds shall be cancelled.".
Let a copy of this order be sent to the Superintendent of Police, Gopalganj for needful. (Prabhat Kumar Singh, J.) anay U T