Prabhakar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38102 of 2021 Arising Out of PS. Case No.-900 Year-2020 Thana- MADHEPURA District- Madhepura ====================================================== Prabhakar Kumar S/o Ramesh Yadav R/o village- Tulsiwari, Lakshminiya, Ward No. 12, P.S.- Madhepura, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-09-2021 This matter is taken up for consideration through Video Conferencing.

Heard both parties.

The petitioner seeks bail in Madhepura P.S. Case No. 900 of 2020, registered for the offence punishable under Section 392 of the Indian Penal Code.

As per the prosecution case, on 01.12.2020 while the informant being Manager of a Private Company after attending meeting was coming back to Madhepura, 03 unknown persons intercepted him and looted cash, mobile and other valuable document such as Adhar Card, PAN Card etc. from his possession.

It is submitted on behalf of the petitioner that petitioner is not named in the FIR. During course of investigation, name of this petitioner has come in this case. No

Patna High Court CR. MISC. No.38102 of 2021(2) dt.23-09-2021 2/2 incriminating article has been recovered from possession of this petitioner. No test identification parade has been held till date. Petitioner has been remanded in this case from Madhepura P.S. Case No. 203 of 2020 and the police has recorded his confessional statement. Petitioner is in custody since 18.01.2021.

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 Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 900 of 2020, 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 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