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Patna High CourtCR. MISC./19790/2019bail granted

Sintu Kumar v. The State Of Bihar

2019-04-02Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19790 of 2019 Arising Out of PS. Case No.-308 Year-2018 Thana- NARHATT District- Nawada ====================================================== Sintu Kumar, aged about 22 years, Male, Son of Vijay Prasad Bhagat, Resident of Village - Sartauiya, P.S.- Hisua, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-04-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 395 of the Indian Penal Code. Informant has alleged that after collecting rupees one lac twenty five thousand from ATM, while he was returning back along with his three colleagues, he was intercepted by six persons on two motorcycles who snatched away the cash and other belongings of the informant and fled away. Informant instituted the case in the Police Station who came along with informant to the place of occurrence where petitioner was found

Patna High Court CR. MISC. No.19790 of 2019(2) dt.02-04-2019 2/3 and it is alleged that informant identified him. It has been submitted on behalf of the petitioner that he has been apprehended only on the basis of suspicion. Nothing was recovered from his possession. He belongs to the neighbouring village as such his presence there was natural. Petitioner has got no criminal antecedent and is in custody since 22.11.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Narhat (Sitamarhi) P.S. Case No. 308/18 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

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

Patna High Court CR. MISC. No.19790 of 2019(2) dt.02-04-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T