Pappu Kumar @ Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1852 of 2021 Arising Out of PS. Case No.-68 Year-2019 Thana- KINJAR District- Jehanabad ====================================================== PAPPU KUMAR @ RAUSHAN KUMAR S/O SANJAY YADAV @ SANJAY KUMAR Resident Of Village - Sarkuna, P.S. - Dulhin Bazar, District - Patna.

.. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogendra Kumar Dwivedi For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-03-2021 Heard both parties.

The petitioner seeks bail in Kinjer P.S. Case No. 68 of 2019, registered for the offence punishable under Section 392 of the Indian Penal Code.

As per the prosecution case, on 07.06.2019 at 11.00 pm, the informant who is driver-cum-owner of the Scorpio, after dropping the passenger, while he was returning his home, three unknown miscreants armed with weapons, on the point of gun looted money, mobile and golden locket and thereafter, fled away.

It is submitted on behalf of the petitioner that petitioner has been remanded in this case from Bhagwanganj P.S. Case No. 62 of 2019 on the basis of confessional statement of co-accused Bittu Kumar. Nothing has been recovered from possession of this petitioner. No test identification parade has

Patna High Court CR. MISC. No.1852 of 2021(2) dt.08-03-2021 2/2 been held till date. Co-accused Bittu Kumar has been granted bail by a coordinate Bench of this court vide order dated 23.01.2020 passed in Cr. Misc. No. 4758 of 2020. Petitioner is in custody since 30.08.2020. Chargesheet has already been submitted.

Considering the facts and circumstances of the case, 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 Sub-Divisional Judicial Magistrate, Arwal in connection with Kinjer P.S. Case No. 68 of 2019, 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.

(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