Monu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51627 of 2016 Arising Out of PS.Case No. -22 Year- 2016 Thana -CHANDAUTI District- GAYA ====================================================== Monu Kumar Son of Late Raj Kumar, resident of Village- Naya Tola, Jurabganj, P.S. Korha, District- Gaya.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rana Vikram Singh, Advocate For the Opposite Party/s : Mr. Shailendra Kumar -2, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 18.06.2016 in connection with Chandauti P.S. Case No. 22 of 2016 registered for the offence punishable under Section 392 of the Indian Penal Code.
The prosecution case, as lodged by the informant against unknown, is that on 16.01.2016 at about 1:00 P.M. while the informant after withdrawing Rs. four lacs from bank was going on his motorcycle, accused persons snatched Rs. two lacs, two ATM cards, PAN card, Voter Identity card and cheque books of different banks kept in the bag and fled away. It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.51627 of 2016 (2) dt.13-12-2016 2/3 petitioner that he is innocent and has been falsely implicated in the aforesaid case due to another previous case pending against him and he has been remanded in the present case. He further submits that no Test Identification Parade has been conducted so far, which is mandatory in such offences alleged and that nothing has been recovered from his possession. It has further been submitted that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. However, learned A.P.P. for the State submits that during course of investigation, name of the petitioner surfaced, hence, opposes the prayer for bail.
Considering the facts and circumstances of the case and the materials, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Chandauti P.S. Case No. 22 of 2016.
This direction for bail is, however, subject to the condition that petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence
Patna High Court Cr.Misc. No.51627 of 2016 (2) dt.13-12-2016 3/3 and shall appear in the learned Court below, as and when directed. With these observations and directions, this application stands allowed.
(Nilu Agrawal, J.) Arjun/- U T