Naveen Kumar@ Navin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42447 of 2021 Arising Out of PS. Case No.-270 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== NAVEEN KUMAR@ NAVIN KUMAR Son of Ramishwar Pandit Resident of Village - Situahi, P.S.- Sahebganj, Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Bhushan Singh, Advocate For the Opposite Party/s :
Mr. Nitya Nand Tiwary, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 25-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner, who is in custody since 01.06.2020, seeks regular bail in connection with Sahebganj P.S. Case No. 270 of 2020 dated 28.05.2020 arising out o G.R. No. 1692 of 2020 registered for offences punishable under Section 393 of the Indian Penal Code.
Prosecution case, in brief, is that three unnamed accused persons tried to loot cash from C.S.P. of the Bank of Baroda and in course of said robbery, one person was injured. Due to crowd, all the accused persons ran away after
Patna High Court CR. MISC. No.42447 of 2021(2) dt.25-01-2022 2/3 committing robbery.
Learned counsel appearing on behalf of the petitioner submits that the name of the petitioner has come merely on suspicion because he has been made accused in three other cases as mentioned in paragraph No. 3 of the present bail application. He further submits that petitioner is innocent and he is in custody since 01.06.2020 without any fault. Two other accused persons namely, Anand Kumar and Prabhat Kumar have already been granted bail vide order dated 15.11.2021 passed in Cr. Misc. No. 20579 of 2021 and vide order dated 25.10.2021 passed in Cr. Misc. No. 21504 of 2021 respectively. Learned A.P.P., for the State has opposed the prayer for grant of bail to the petitioner.
Considering the facts and circumstances of the case, nothing having been recovered from the possession of the petitioner and as per the F.I.R, the three unnamed accused persons were not able to loot any cash amount as well as there is no allegation of tampering the evidence or influencing the witnesses and trial is also not likely to be concluded soon due to COVID-19, the petitioner, above named, is directed to be enlarged on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like
Patna High Court CR. MISC. No.42447 of 2021(2) dt.25-01-2022 3/3 amount each to the satisfaction of learned A.C.J.M. 1st, Muzaffarpur in connection with Sahebganj P.S. Case No. 270 of 2020 dated 28.05.2020 arising out o G.R. No. 1692 of 2020 subject to the following conditions:
(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) 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. (Purnendu Singh, J) Niraj/- U T