Damodar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38586 of 2020 Arising Out of PS. Case No.-216 Year-2019 Thana- BHAGWANPUR District- Vaishali ====================================================== Damodar Rai Son of Raghunandan Ram Resident of - Mahua, P.S.- Hajipur Town, P.O.- Hajipur, District - Vaishali, Pin code - 844101. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurabh Bishwambhar, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 392 of the Indian Penal Code. Four motorcycle borne unknown criminals robbed to the informant. The FIR was lodged against unknown. The petitioner is in custody since 02.05.2020.

Submission is that the petitioner was not put on Test Identification Parade during investigation of the case nor any incriminating article was recovered from his possession. Only on his criminal antecedents the petitioner has been booked in this case. Other co-accused has been allowed bail by a coordinate Bench of this Court in Cr. Misc. No.18176 of 2020. Considering the facts aforesaid, let the petitioner,

Patna High Court CR. MISC. No.38586 of 2020(3) dt.25-03-2021 2/2 above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Bhagwanpur P.S. Case No.216 of 2019, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T