Kanhaiya Bharadwaj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4966 of 2021 Arising Out of PS. Case No.-22 Year-2020 Thana- RAJNAGAR District- Madhubani ====================================================== KANHAIYA BHARADWAJ Son of Ram Babu Ram Resident of VillagePragati Nagar, P.S.- Madhubani Town, District- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Prakash For the Opposite Party/s :
Mr.Chandra Bhushan Pd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-06-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard both parties.
The petitioner seeks bail in Raj Nagar P.S. Case No. 22 of 2020, registered for the offence punishable under Sections 379, 356 and 34 of the Indian Penal Code.
As per the prosecution case, on the alleged date and time of occurrence while the informant was returning to his home on motorcycle, on the way four miscreants, came down from Scorpio vehicle and forcibly stopped the informant and on the point of pistol looted away, mobile, cash, ATM card, Aadhar Card, Driving license, PAN card etc. and key of the motorcycle. It is submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.4966 of 2021(3) dt.21-06-2021 2/3 petitioner is not named in the FIR. Name of this petitioner has come in this case on the basis of confessional statement of coaccused Monu Kumar Mishra. No incriminating article has been recovered from possession of this petitioner. No test identification parade has been held till date. Petitioner is in custody since 05.02.2020. Investigation is complete. Learned APP however, vehemently opposed the prayer for bail.
Considering the fact that nothing has been recovered conscious possession of this petitioner and TIP has not been held till date, the petitioner above-named, is directed to 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 the learned Additional Chief Judicial Magistrate Ist, Madhubani in connection with Raj Nagar P.S. Case No. 22 of 2020, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
Patna High Court CR. MISC. No.4966 of 2021(3) dt.21-06-2021 3/3 (ii) 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. (Prabhat Kumar Singh, J) vinita/- U T