Raja Kumar @ Rajkumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23956 of 2019 Arising Out of P.S. Case No.-181 Year-2018 Thana- BARAUNI RAIL P.S. DistrictBegusarai ====================================================== RAJA KUMAR @ RAJKUMAR, Male, aged about 19 years, Son of Shankar Mahto Resident of Village- Phulwaria-2, Karibari, P.S.- Phulwaria, DistrictBegusarai. ... ... 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.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-04-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 05.11.2018 in connection with Barauni Rail P.S.Case No.181 of 2018 for the offence alleged under Section 380 of the Indian Penal Code.

The prosecution case as lodged by the informant is that while she had boarded Express Train in Barauni Station, petitioner snatched her purse and tried to flee but was caught. It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that chargesheet has already been

Patna High Court CR. MISC. No.23956 of 2019(2) dt.16-04-2019 2/3 submitted, there being no allegation of tampering with the prosecution evidence/witnesses.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is the habitual offender and five more cases of similar nature are pending against him.

Considering the nature of allegations, the period of custody and that chargesheet has already been submitted, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Barauni Rail P.S.Case No.181 of 2018 to the satisfaction of learned Additional Chief Judicial Magistrate, Railway, Barauni, Begusarai, subject to the following conditions:- (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (ii) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(iii) If the petitioner indulges in an offence of similar

Patna High Court CR. MISC. No.23956 of 2019(2) dt.16-04-2019 3/3 nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Nilu Agrawal, J) B.Kr./- U T