Ram Nath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47506 of 2016 Arising Out of PS.Case No. -163 Year- 2015 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ====================================================== Ram Nath Kumar, Son of Teero Mahto, Resident of village - Nawlakha, P.S. - Naokothi, District - Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-11-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 05.02.2016 in connection with Cheria Bariyarpur P.S. Case No. 163/15 for offences punishable under Section 392 of the Indian Penal Code.

The prosecution case, as lodged by the informant is that after withdrawing Rs. 88,000/- of Mahila Dugdha Samitee, Shripur from the State bank of India while he was returning home, three miscreants from the motorcycle intercepted and snatched the said amount along with his mobile bearing two SIMs and after threatening fled away.

It has been submitted by the learned counsel for the petitioner that it is on the basis of confessional statement of the

Patna High Court Cr.Misc. No.47506 of 2016 (3) dt.29-11-2016 2/3 petitioner, who has confessed his guild in Nawkothi P.S. Case No. 08/16, that he has been made accused as he is not named in the First Information Report. He submits that nothing has been recovered from his possession and no T.I. Parade has been done so far. He further submits that another co-accused Bikash Kumar has since been granted the privilege of bail in Cr. Misc. No. 51006 of 2016 on 25.11.2016. It is further submitted that the charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

Learned APP for the State submits that in his confessional statement petitioner has confessed his guilt, hence, opposes the prayer for bail.

From the materials available, it does not reveal that the petitioner's liberty on bail would adversely affect his trial and another co-accused has since been granted the privilege of bail, let petitioner, above named, 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 learned Addl. Chief Judicial Magistrate, Manjhaul, Begusarai in connection with Cheria Bariarpur P.S. Case No.163/15.

This direction of bail is further subject to the condition that the petitioner shall not, directly or indirectly, make

Patna High Court Cr.Misc. No.47506 of 2016 (3) dt.29-11-2016 3/3 any inducement, threat or promise to any person acquainted with the facts of the case to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear before the learned Court below as and when directed. With these observations and directions, the application stands allowed.

(Nilu Agrawal, J.) Rajesh/- U T