Virendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11740 of 2024 Arising Out of PS. Case No.-514 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Romit Kumar Son of Robin Yadav Resident of Village- Naya Tola, Jurabganj, Police Station- Kodha, District-Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sheikhpura P.S. case No. 514 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.
3. Prosecution case, in short, is that two unknown miscreants boarded on a motorcycle snatched the bag containing Passbook, PAN Card, Aadhaar Card and cash of Rs. 1,50,000/- etc. from her hand and fled away.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this only on the basis of confessional statement of
Patna High Court CR. MISC. No.11740 of 2024(2) dt.26-02-2024 2/3 the co-accused. Neither any incriminating article has been recovered from the conscious possession of the petitioner nor the petitioner has been apprehended on the spot. Except the confessional statement of the co-accused, there is no material against the petitioner. Charge-sheet has been submitted in this case and charge has already been framed. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.09.2023 and has three criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, charge-sheet already been submitted, stage of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sheikhpura P.S. case No. 514 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.11740 of 2024(2) dt.26-02-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Alok Verma/- U T