Rajat Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.839 of 2021 Arising Out of PS. Case No.-256 Year-2019 Thana- PAKARIBARAW District- Nawada ====================================================== 1.
RAJAT KUMAR SON OF BISHRAM YADAV RESIDENT OF VILLAGE - MUSAPUR ZORABGANJ, POLICE STATION - KORHA, DISTRICT - KATIHAR 2.
JAUNI KUMAR YADAV @ JONNY KUMAR SON OF JHULAN YADAV RESIDENT OF VILLAGE - MUSAPUR ZORABGANJ, POLICE STATION - KORHA, DISTRICT - KATIHAR ... ... Petitioners
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar No 7, Advocate For the Opposite Party/s :
Ms. Meena Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-03-2021 Heard learned Counsel for the petitioners and the learned Counsel for the State.
This Court would expect that the petitioners' Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.
Petitioners seek bail in Pakribarawan PS Case No. 256 of 2019 registered under Section 392 of the IPC. The allegation is that two unknown persons on a motorcycle have snatched the plastic bag of the informant containing recently withdrawn Forty-nine thousand rupees and a mobile phone being carried by her.
It is submitted by the petitioners' counsel that upon his arrest in Laheri PS Case No. 389 of 2019 on 31.7.2019 the petitioner was in custody. While in custody he has been remanded in the instant case on 20.12.2019. The petitioner is also accused in one more case namely Laheri PS Case No. 490 of 2019. Though the informant
Patna High Court CR. MISC. No.839 of 2021(2) dt.16-03-2021 2/2 claims she saw the offenders, the petitioners have not been put on T.I. Parade and continues to be in custody. There is no allegation that the victim was in any manner physically harmed.
Learned APP has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioners is allowed.
Let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM Nawada in Pakribarawan PS Case No. 256 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) SNkumar/- U T