Patna High CourtCR. MISC./40248/2021bail granted

Ashish Kumar v. The State Of Bihar

2021-10-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40248 of 2021 Arising Out of PS. Case No.-258 Year-2020 Thana- OBRA District- Aurangabad ====================================================== Ashish Kumar S/o Sahdeo Singh R/o village- Pakri, P.S.- Karpi (Shahar Telpa), District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prem Kumar For the Opposite Party/s :

Mr.Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-10-2021 Heard both parties.

The petitioner seeks bail in Obra P.S. Case No. 258 of 2020, registered for the offence punishable under Section 394 of the Indian Penal Code.

FIR is registered against unknown for the occurrence of robbery.

It is submitted on behalf of the petitioner that during course of investigation, name of this petitioner has come in this case on the basis of confessional statement of co-accused Sakaldeo Kumar who was arrested with stolen motorcycle. No incriminating article has been recovered from possession of this petitioner. No test identification parade has been held till date. The looted articles which has been recovered from the house of petitioner was brought and kept by co-accused Sakaldeo Kumar

Patna High Court CR. MISC. No.40248 of 2021(2) dt.07-10-2021 2/2 who is brother-in-law of the petitioner. Petitioner is in custody since 11.01.2021. Chargesheet has already been submitted. 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, Aurangabad in connection with Obra P.S. Case No.

258 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.