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Patna High CourtCR. MISC./28647/2020allowed

Rahul Kumar Singh @ Bablu v. The State Of Bihar

2020-12-16Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28647 of 2020 Arising Out of PS. Case No.-18 Year-2020 Thana- PATORI District- Samastipur ====================================================== RAHUL KUMAR SINGH @ BABLU, Son of Late Ram Pravesh Singh, Resident of Village - Marai, P.S.- Jandaha in the District of Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Brajkishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-12-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Section 395 of the Indian Penal Code. As per FIR, five unknown criminals entered in the office of L.I.C., Shahpur Patory Branch and on the fear of pistol looted Rs. 10,71,803/- Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR and no T.I.P. was conducted. The petitioner has been made accused on the basis of confessional statement of co-accused namely Manjeet Kumar Chaudhary. The co-accused have been granted bail by different Co-ordinate Benches of this Court vide order dated 01.10.2020

Patna High Court CR. MISC. No.28647 of 2020(3) dt.16-12-2020 2/3 passed in Cr. Misc. No. 25383/2020, vide order dated 25.09.2020 passed in Cr. Misc. No. 23047/2020 and vide order dated 09.07.2020 passed in Cr. Misc. No.19174/2020. The petitioner is in custody since 02.03.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State opposes the prayer for bail. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail after framing of the charge on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Patori P.S. Case No. 18/2020 to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Samastipur, subject to the following conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his

Patna High Court CR. MISC. No.28647 of 2020(3) dt.16-12-2020 3/3 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 as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) amitkumar/- U T