Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27625 of 2020 Arising Out of PS. Case No.-491 Year-2019 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Rahul Kumar Son of Sri Bullan Singh Resident of Village- Pokharia, Ward No.39, P.S.- Begusarai Town, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

20-10-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Begusarai Town P.S. Case No. 491 of 2019 (G.R. No. 3054 of 2019), registered for the offence under Section 392 of the Indian Penal Code. As per the written report of the informant (Mantun Yadav), on 20-08-2019 at about 10:30 PM, after closing his shop, when the informant was returning from Mahavir Sweets Shop on motorcycle and reached near the Omar Girls High School, suddenly two miscreants, riding on a Apache motorcycle motorcycle, pushed the informant, as a result of which, he fell down and thereafter, they (miscreants) on the point of pistol, snatched 4 bhar gold chain, Rs. 20,000/- and one Titan wrist watch and fled away towards Bishnupur Chowk.

Patna High Court CR. MISC. No.27625 of 2020(2) dt.20-10-2020 2/3 It is submitted on behalf of petitioner that petitioner is not named in the F.I.R. Name of petitioner has come on the basis of confessional statement of co-accused Shakti Kumar. It is further submitted that so far as recovery of Apachi motorcycle is concerned, for the same, a separate F.I.R. was lodged, in which, petitioner has been granted bail. In this case, chargesheet has already been submitted, but till date, no T.I.P. has been held. Petitioner is in custody since 30-09-2019.

Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the above-named petitioner 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 learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 491 of 2019 (G.R. No. 3054 of 2019) on the following conditions:

"(1) Petitioner shall cooperate 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 absence on two consecutive dates without sufficient reason, his 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

Patna High Court CR. MISC. No.27625 of 2020(2) dt.20-10-2020 3/3 cancellation of bail.".

(Prabhat Kumar Singh, J.) anay/- U T