Bijay Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35593 of 2020 Arising Out of PS. Case No.-177 Year-2019 Thana- PARIHAR District- Sitamarhi ====================================================== Bijay Baitha aged about 25 years Son Of Ram Swarth Baitha R/O Village - Gamahariya, P.S. - Bela, District - Sitamarhi ... Petitioner

Versus

The State Of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-03-2021 Heard learned counsel for the petitioner and the State and perused the case diary.

The petitioner seeks regular bail in a case registered for the offence punishable under sections 392 of the Indian Penal Code.

As per the prosecution case, three miscreants came on motorcycle and on the pistol point, snatched informant's motorcycle. Cash collection of Rs.6,35,000/- of the bank was also kept in the dickey of the said motorcycle. Informant claimed to identify the miscreants on TIP.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR and his name surfaced during course of investigation. No incriminating article has been recovered from the possession of this petitioner. Till date petitioner has not been put on TIP. Petitioner is in custody since 1.6.2020. Charge sheet has already been submitted.

Patna High Court CR. MISC. No.35593 of 2020(4) dt.01-03-2021 2/2 In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, 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 Judicial Magistrate, 1st class, Sitamarhi in Parihar Police Station Case No. 177 of 2019 on 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.

(Prabhat Kumar Singh, J) Shashi U T