Maharana Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35489 of 2020 Arising Out of PS. Case No.-7 Year-2020 Thana- SONBERSA District- Saharsa ====================================================== MAHARANA KUMAR Son of Bachchi Ram Resident of Village - Chorhli, P.S. - Beldaur, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-12-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Sonbarsa Raj (Kashnagar OP) P.S. Case No. 07 of 2020, registered for the offence punishable under Section 392 of the Indian Penal Code. As per prosecution case, on 10.01.2020, when the informant was coming to his house by motorcycle with his Bhabhi, on way, three unknown miscreants came on motorcycle and intercepted the informant and looted cash of Rs. 95,000/- from his pocket and three mobile and silver chain. It is submitted on behalf of the petitioner that petitioner is not named in the FIR. Name of this petitioner has come in this case on the basis of confessional statement of co-

Patna High Court CR. MISC. No.35489 of 2020(2) dt.21-12-2020 2/2 accused Satan Mahto @ Sato. No incriminating article has been recovered from possession of this petitioner. No test identification parade has been held till date. Charge sheet has been submitted. Petitioner is in custody since 29.02.2020. 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 Judicial Magistrate Ist Class, Saharsa in connection with Sonbarsa Raj (Kashnagar OP) P.S. Case No. 07 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. (Prabhat Kumar Singh, J) vinita/- U T