Randhir Kumar Roy @ Randhir Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52166 of 2021 Arising Out of PS. Case No.-302 Year-2020 Thana- RAGHOPUR District- Supaul ====================================================== RANDHIR KUMAR ROY @ RANDHIR ROY S/O Krishna Kumar Roy Resident of Village - Chhithi, Ward no. 8, P.S. - Bhaptiyahi, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajendra Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Raghopur P.S. Case No. 302/2020 registered for the offence punishable under Section 392 of the Indian Penal Code 1860. As per the prosecution case the informant was surrounded and assaulted by three miscreants and looted a sum of Rs.80,000/-, driving licence, golden chain etc. from the informant, on gun point.

Learned counsel for the petitioner submits that the petitioner has been implicated in this case on the basis of his self inculpatory statement as well as on the basis of confessional statement made by the co-accused Kundan Kumar Choudhary.

Patna High Court CR. MISC. No.52166 of 2021(2) dt.22-04-2022 2/3 He further submits that no incriminating article has been recovered from possession of the petitioner and he has not been put on Test Identification Parade. However, the co-accused Kundan Kumar Choudhary has been granted bail by a coordinate Bench of this Court in Cr. Misc. 41325 of 2021. The petitioner is in custody since 5.6.2021.

Regards being had to the submission made by the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 5.6.2021 and similarly situated co-accused has been granted bail by a coordinate Bench of this Court, I am inclined to grant regular bail to the petitioner on completion of one year in custody. Accordingly, let the petitioner, above named, be released on regular bail on completion of one year in custody, on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Birpur, in connection with Raghopur P.S. Case No.302 of 2020 subject to the following conditions:- (i) that the bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(ii) that petitioner shall co-operate in the trial and shall be properly represented on

Patna High Court CR. MISC. No.52166 of 2021(2) dt.22-04-2022 3/3 each and every date fixed by the court.

(iii) that if the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Anil Kumar Sinha, J) S.Ali/- U T