Rajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19044 of 2020 Arising Out of PS. Case No.-50 Year-2020 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Rajan Kumar Son of Late Vishwanath Singh Resident of Village - Malkhana Chowk Pani Tanki, P.S.- Bhagwan Bazar, Distt - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-06-2020 Heard learned counsel for the petitioner and Additional Public Prosecutor for the State.

The petitioner seeks bail in Chapra Muffasil P.S. Case No. 50 of 2020, registered for the offence punishable under Sections 399, 402 and 412 of the Indian Penal Code and sections 25(1-B)A, 26 and 35 of the Arms Act. The informant alleged that on 31.01.2020, he received secret information that 7 to 8 miscreants were planning for committing dacoity near Railway over-bridge. The informant along with other police officials reached there. After seeing police party, the miscreants tried to flee away, but four miscreants including this petitioner were apprehended on the spot. One motorcycle is alleged to have been recovered from possession of this petitioner.

It is submitted by learned counsel appearing on behalf

Patna High Court CR. MISC. No.19044 of 2020(2) dt.08-06-2020 2/2 of petitioner that petitioner has falsely been implicated in this case merely on suspicion. Nothing has been recovered from possession of this petitioner. Petitioner claims to be owner of the motorcycle. Petitioner is in custody since 01.02.2020 having clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran in connection with Chapra Muffasil P.S. Case No. 50 of 2020, subject to the conditions:- (i) The petitioner shall co-operate 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

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