Rajiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34235 of 2020 Arising Out of PS. Case No.-558 Year-2019 Thana- BANKA District- Banka ====================================================== RAJIV KUMAR Son of YOGENDRA DAS @ Yogendra Prasad Das @ Yogendra Prasad Yadav Resident of Village - Kadrapathar, P.S.- Banka, Distt.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay, Advocate.

For the Opposite Party/s :

Dr. Mritunjay Kumar Gautam, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-01-2021 Let the defects be removed within four weeks. Heard the parties.

The petitioner is languishing in custody for the offence punishable under Section 394 of the Indian Penal Code. The F.I.R. of the occurrence of robbery is against unknown.

Submission is that the petitioner is in custody since 15.10.2019 after remand from some other case. However, he was never put on T.I. parade during investigation of the case nor any incriminating article has been recovered. Only material against the petitioner is some criminal cases and the confessional statement before the police while in police custody. Since there is no direct allegation against the

Patna High Court CR. MISC. No.34235 of 2020(2) dt.04-01-2021 2/2 petitioner in this case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Banka (Barhat) P.S. Case No. 558 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T