Sunil Kumar @ Nepali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22844 of 2020 Arising Out of PS. Case No.-461 Year-2019 Thana- CHAPRA TOWN District- Saran ====================================================== SUNIL KUMAR @ NEPALI Son of Dineshwar Singh Resident of VillageAami, P.S.-Dighwara, District-Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.A.G ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-09-2020 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 382/34 of the Indian Penal Code.

Informant in his written complaint has alleged that on 17.08.2019 at about 6:30 pm when he was going to his house after closing his shop and reached near Thana Chowk, then three motorcycle borne miscreants came and snatched the bag containing cash Rs. 15,000/- and fled away.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to village politics. Petitioner has not been put on TIP till date. No

Patna High Court CR. MISC. No.22844 of 2020(2) dt.11-09-2020 2/2 incriminating material has been recovered from the conscious possession of petitioner. The motorcycle bearing registration no. BR 04A 9464 said to be used for looting the informant does not belong to the petitioner. Petitioner is in custody since 19.05.2020.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Chapra Town P.S. Case No. 461 of 2020, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U