Suman Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28493 of 2020 Arising Out of PS. Case No.-29 Year-2020 Thana- BHAGWANPUR District- Vaishali ====================================================== SUMAN KUMAR BHAGAT S/o Tapeshwar Bhagat R/o Fakuli, P.S.- Kudhani, District-Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sabal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Additional Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-11-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

Petitioner seeks bail in a case registered for the offence punishable under Section 394 of the Indian Penal Code. The prosecution case in brief is that, on 18.02.2020, three miscreants armed with weapons entered into C.S.P. office and on the point of arms they took the informant and his staff in their custody and took away Rs.1,60,000/- from the cash counter and looted bank passbook of the customers. They also took away the informant's mobile and fled away.

It is submitted by learned counsel for the petitioner that the petitioner has not been named in the F.I.R. It is further submitted that nothing incriminating article has been recovered from the possession of the petitioner and no T.I.P. has been held till date. It is stated by learned counsel for the petitioner in

Patna High Court CR. MISC. No.28493 of 2020(2) dt.11-11-2020 2/2 paragraph 3 of the bail petition that petitioner has got no criminal antecedent. Petitioner is in custody since 20.02.2020. Considering the facts of the case, let the petitioner, 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 learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bhagwanpur Police Station Case No. 29 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/her absence on two consecutive dates without sufficient reason, his/her 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) Ankit/- U T