Uttam Kumar @ Uttam Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4781 of 2021 Arising Out of PS. Case No.-328 Year-2019 Thana- BELHAR District- Banka ====================================================== UTTAM KUMAR @ UTTAM RAM Son of Manoj Ram @ Manoj Ram Das R/O Vill Dharampur, PS - Shambhuganj, Distt. - Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Pratap Singh, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-04-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. Allegation against the petitioner is that he snatched away one Nokia mobile with SIM and Rs. 4000/- from the informant.

Learned counsel for the petitioner submits that petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that name of the petitioner

Patna High Court CR. MISC. No.4781 of 2021(2) dt.13-04-2021 2/3 has come in this case on the confessional statement of coaccused, namely, Md. Siddique. He submits that no incriminating article is said to have been recovered from the possession of the petitioner and no TIP has been done as yet. He further submits that petitioner is languishing in judicial custody since 07.04.2020.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Belhar P.S. Case No. 328 of 2019, subject to the conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (II) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (III) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(IV) The petitioner shall co-operate with the

Patna High Court CR. MISC. No.4781 of 2021(2) dt.13-04-2021 3/3 investigation, if not already concluded and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) devendra/- U T