Tuntun Kumar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22155 of 2020 Arising Out of PS. Case No.-11 Year-2020 Thana- JANDAHA District- Vaishali ====================================================== Tuntun Kumar Pandit Son of Ramnath Pandit Resident of Village - Tajpur Buzurg, P.S.- Mahua, District - Vaishali ... Petitioner

Versus

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

For the Petitioner :

Mr.Vasant Vikas, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-08-2020 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the parties.

Petitioner is an accused in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

It is alleged that three miscreants stopped informant's Bolero pickup vehicle and on the point of pistol they snatched the vehicle carrying medicine. Said looted medicine is said to have been recovered from petitioner's shop.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case. Petitioner is innocent and has committed no offence. Petitioner has got no criminal antecedent and he is in custody since 22.2.2020. In paragraph 9 of the bail petition, he has averred that no incriminating article has been recovered from the possession of the petitioner. FIR is against unknown. However, during investigation it has come in the confessional statement of Vinod Kumar Rai that co-accused Vivek Kumar had purchased the alleged looted vehicle but the same has not been recovered. Charge sheet has also been filed in the case. Considering the facts of the case, let the petitioner,

Patna High Court CR. MISC. No.22155 of 2020(2) dt.26-08-2020 2/2 above named, be released 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 Chief Judicial Magistrate, Vaishali (Hajipur) in Jandaha Police Station Case No. 11 of 2020, 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 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.

(Prabhat Kumar Singh, J) Shashi U T