Tutul Singh @ Tutal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 31630 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- JANDAHA District- Vaishali ====================================================== Tutul Singh @ Tutal Kumar, aged about 34 years (Male), Son of Ram Narayan Singh, Resident of Village - Basantpur, P.S.- Jandaha, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Prabhat For the Opposite Party/s :
Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Section 394 of the Indian Penal Code and 27 of the Arms Act.
The prosecution case is that as per FIR, informant was returning from his jewelry shop with a bag containing ornaments worth Rs. 12 lacs three persons riding on a motorcycle pulled him down and tried to snatch away the bag which was opposed by the informant. On which one of them opened fire on him and the miscreants succeeded in taking away his bag and the informant identified one of them as Tutul Kumar.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.01.2019. Charge sheet has been submitted in this case. No recovery of theft ornaments and arms
Patna High Court CR. MISC. No. 31630 of 2019(3) dt.28-08-2019 2/2 from the conscious possession of the petitioner. The petitioner is not arrested by the police on spot.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XI, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 01 of 2019, subject to the following conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.
(3) 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. (Anjani Kumar Sharan, J) amitkumar/- U T