Randhir @ Randhir Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35736 of 2021 Arising Out of PS. Case No.-167 Year-2020 Thana- PATEPUR District- Vaishali ====================================================== Randhir @ Randhir Kumar S/O Gonaur Paswan @ Ganaur Paswan @ Gonour Paswan R/O Village-Naua Chak, P.S-Patepur, District-Vaishali. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satya Prakash Sinha For the Opposite Party/s :
Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.
14-09-2021 Heard learned counsel for the parties through video conferencing.
The petitioner seeks bail in Patepur P.S. Case No. 167 of 2020, registered for the offence under Section 399 / 414 of the Indian Penal Code and Section 25(1-B)A / 26 of the Arms Act.
Petitioner has been made accused in this case on the basis of confessional statement of co-accused Shyam Kumar, who was apprehended on the spot with arms and ammunition. It is submitted on behalf of petitioner that neither petitioner was arrested on spot nor any incriminating article has been recovered from his possession. Co-accused Shyam Kumar, in whose confession name of petitioner has surfaced, has already been granted bail by the court below itself. Petitioner has got clean antecedent and he is in custody since 20.12.2020.
Patna High Court CR. MISC. No.35736 of 2021(2) dt.14-09-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.
Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned C.J.M., Vaishali at Hajipur in connection with Patepur P.S. Case No. 167 of 2020, on the following conditions:
"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, 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.) anay U T