Raju Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29608 of 2024 Arising Out of PS. Case No.-103 Year-2019 Thana- KOTWA District- East Champaran ====================================================== Raju Kumar Son of Hari Paswan R/o Village - Amawa, P.S.- Kotwa, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Prerna Rishi, Adv.
For the Opposite Party/s :
Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.
The petitioner seeks bail in connection with a case registered for the offence punishable u/s 392 of the IPC. 3.
As per the prosecution case, three miscreants overtook and stopped the motorcycle of the informant and on the point of pistol snatched away his motorcycle, bag, purse and mobile. In the bag, cash, ATM and bank's main door key and other documents were kept.
4.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He is not named in the F.I.R. and has been falsely implicated in this case due to ulterior motive. His name transpired in this case on the basis of confessional statement of
Patna High Court CR. MISC. No.29608 of 2024(4) dt.12-07-2024 2/3 the co-accused. No incriminating article has been recovered from the conscious physical possession of the petitioner. It is further submitted that the charge has been framed against the petitioner and there is no allegation against him of tampering the witnesses. The petitioner has three criminal antecedent in similar nature of offence and has been languishing in custody since 01.03.2024.
5.
Learned APP for the State opposed the prayer for bail. 6.
Considering the facts and circumstances of this case, since charge has been framed, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/Successor Court in connection with Kotwa P.S. Case No.103/2019, subject to the following conditions:
(1) One of the bailors will be own close relative of the petitioner who will give on affidavit genealogy as to how he is relative to petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (2) The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in
Patna High Court CR. MISC. No.29608 of 2024(4) dt.12-07-2024 3/3 any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse. (3) The petitioner shall remain physically present in the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (5) The petitioner shall appear before the Police Station of his local area in the first week of each month till the disposal of the present case.
(Anjani Kumar Sharan, J) pallavi/- U T