Samir Kumar @ Kanhaia @ Chhabila v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23127 of 2020 Arising Out of PS. Case No.-214 Year-2019 Thana- MANSI District- Khagaria ====================================================== SAMIR KUMAR @ KANHAIA @ CHHABILA Son of Kishor Prasad Yadav @ Kare Yadav Resident of Village - Raja Jan, P.S. - Mansi, District - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhirendra Singh, Advocate For the Opposite Party/s :
Mr. Ram Naresh Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-09-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Mansi P.S. Case No. 214 of 2019, registered for the offence punishable under Section 392 of the Indian Penal Code.
The informant alleged that on 11.09.2019 at about 10.40 am, while he was going to the Customer Service Centre on his motorcycle, on his way, three miscreants surrounded him and one person came on his motorcycle and on the point of gun, they looted cash, laptop, mobile and other belongings and it is
Patna High Court CR. MISC. No.23127 of 2020(2) dt.07-09-2020 2/3 further alleged that they also snatched key of his motorcycle and fled away.
It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case merely on suspicion. Petitioner is not named in the FIR. Name of this petitioner has come in this case, during course of investigation. Nothing has been recovered from possession of this petitioner. No test identification parade has been held till date. Petitioner is in custody since 04.12.2019.
Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged 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 Judicial Magistrate I Class, Khagaria in connection with Mansi P.S. Case No. 214 of 2019, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.23127 of 2020(2) dt.07-09-2020 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T