Rajkumar Ram @ Kabutri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46790 of 2021 Arising Out of PS. Case No.-276 Year-2020 Thana- SIRDALA District- Nawada ====================================================== Rajkumar Ram @ Kabutri S/O Lala Ram @ Lala Dome R/O VillageFatehpur, P.S- Fatehpur, District-Gaya. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Durgesh Nandan, Adv For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-01-2022 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 in virtual Court proceeding. The petitioner seeks bail in connection with Sirdala P.S.Case No.276 of 2020 registered for the offence under Section 395 of the Indian Penal Code.
The prosecution case, in short, is that while the informant was returning to his home by car, on the way, 15-16 persons having armed with lathi, pistol intercepted the vehicle and looted cash and mobile from possession of informant. Learned counsel appearing for the petitioner submits that the petitioner is not named in the FIR. He has falsely been
Patna High Court CR. MISC. No.46790 of 2021(2) dt.21-01-2022 2/3 implicated in the present case on the basis of confessional statement of co-accused. He further submits that the petitioner is in custody since 09.09.2020 but till date, no T.I. Parade has been conducted. He further submits that co-accused, namely, Sanjay Paswan @ Sintu has been granted bail vide order dated 21.09.2021 in Cr. Misc. No.20554 of 2021, Golu Kumar @ Sumit Kumar @ Golu has been granted bail vide order dated 02.09.2021 in Cr. Misc. No.22462 of 2021, Tauquir Sah has been granted bail vide order dated 04.10.2021 in Cr. Misc. No.27449 of 2021, Sagar Kumar @ Mahesh has been granted bail vide order dated 13.08.2021 in Cr. Misc. No.30179 of 2021,Md. Mehrab has been granted bail vide order dated 14.12.2021 in Cr. Misc. No.
39519 of 2021 and Satish Kumar has been granted bail vide order dated 16.12.2021 in Cr. Misc. No.40413 of 2021 by different Coordinate Benches of this Hon'ble Court. Petitioner is in custody since 09.09.2020. 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 aforesaid facts and period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of
Patna High Court CR. MISC. No.46790 of 2021(2) dt.21-01-2022 3/3 the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Nawada in connection with Sirdala P.S.Case No.276 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 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 cancelled 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) Nitesh/- U T