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Patna High CourtCR. MISC./31692/2021bail granted

Lallan Kumar @ Lalan Kumar @ Khachar v. The State Of Bihar

2021-08-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31692 of 2021 Arising Out of PS. Case No.-11 Year-2021 Thana- BARAUNI District- Begusarai ====================================================== Lallan Kumar @ Lalan Kumar @ Khachar aged about 19 years Son Of Ram Uday Singh @ Ganauri Singh @ Sri Ganauri Singh @ Gandori Singh Resident Of Village- Hajipur, Pipra, P.S.- Barauni, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-08-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 393 of the Indian Penal Code.

As per the prosecution case, two motorcycle borne miscreants tried to snatch informant's mobile phone but in that attempt they lost balance of the motorcycle and collided with a vehicle coming from Barauni side and fell down on the side of the road. Petitioner managed to flee away but his accomplice Chotu Kumar Chaudhary was caught by the public and handed over to the police who disclosed the name of the petitioner who fled away from the place of occurrence.

Learned counsel for the petitioner submits that the petitioner has not been arrested on the spot and his name has figured during course of investigation in confessional statement of co-accused. No incriminating material has been recovered

Patna High Court CR. MISC. No.31692 of 2021(2) dt.26-08-2021 2/2 from the conscious possession of the petitioner and the motorcycle in question is not stolen property as the same is registered in the name of his wife. Petitioner has claimed clean antecedent and he is in custody since 5.2.2021. Charge sheet has already been submitted.

Considering the facts and circumstances of the case, let the petitioner, mentioned above, 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 Chief Judicial Magistrate, Begusarai in Barauni Police Station Case No. 11 of 2021 on the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her 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.

(Prabhat Kumar Singh, J) shashi/- U T