Ram Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41279 of 2021 Arising Out of PS. Case No.-207 Year-2020 Thana- SALIMPUR District- Patna ====================================================== RAM KRISHNA KUMAR Son of Umesh Ray Resident of Village- Sakerpur, P.S.- Hashanpur, District- Samastipur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-02-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner seeks bail in connection with Salimpur P.S. Case No. 207 of 2020/ G.R. No. 1170 of 2020 registered for the offence under Section 395 of the Indian Penal Code.

Four unknown persons are said to have snatched cash of Rs. 3950/- on the point of gun.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been

Patna High Court CR. MISC. No.41279 of 2021(5) dt.28-02-2022 2/3 implicated in this case. In fact, the petitioner has not been named in the F.I.R. rather the petitioner along with others have been apprehended in Bakhtiyarpur P.S. Case No. 182 of 2020 and thereafter the police has falsely remanded this petitioner in the present case. Nothing incriminating has been recovered from the conscious possession of the petitioner. No T.I.P. has been conducted by the prosecution as yet. The police has also submitted charge sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 23.01.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one. Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. or concerned Court, Barh in connection with Salimpur P.S. Case No. 209 of 2020/ G.R. No. 1170 of 2020 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the

Patna High Court CR. MISC. No.41279 of 2021(5) dt.28-02-2022 3/3 Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T