Ginni Kumar @ Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39871 of 2021 Arising Out of PS. Case No.-97 Year-2019 Thana- JEHANABAD RAIL P.S. District- Patna ====================================================== Ginni Kumar @ Rupesh Kumar S/O Lalan Singh @ Lalan Prasad Singh R/O Village-Potahi, P.S-Punpun, District-Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Saket Anand, Advocate For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-01-2022 Heard the parties through the video conferencing. Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State. Petitioner who is in custody since 3.3.2021 seeks regular bail in connection with Rail Jehanabad (Taregana) P.S. Case No. 97 of 2019 registered for the offence punishable under sections 395 and 397 of the Indian Penal Code. The case of the prosecution in brief is that the petitioner is alleged to be involved in a robbery in the train. Learned counsel for the petitioner submits that the petitioner is not named in the FIR and on the basis of the confessional statement of co-accused Vishnukant Kumar, the petitioner has been implicated in the present case. There is no

Patna High Court CR. MISC. No.39871 of 2021(2) dt.06-01-2022 2/3 previous criminal antecedent against the petitioner. Learned counsel further submits that the co-accused Vishnukant Kumar who has taken the name of the petitioner has already been released on bail by the coordinate bench of this Court vide order dated 26.10.2021passed in Cr. Misc. No. 18262 of 2021. Learned counsel for the State has opposed the prayer for grant of bail to the petitioner.

Considering the above mentioned facts and circumstances of the case and rival submission of the parties, the prayer for bail of the petitioner is allowed. Let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, Patna/Concerned Court, in connection with Rail Jehanabad (Taregana) P.S. Case No. 97 of 2019 subject to the following condition:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioners tamper with the evidence or the

Patna High Court CR. MISC. No.39871 of 2021(2) dt.06-01-2022 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Purnendu Singh, J) Ravi/- U T