Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1703 of 2021 Arising Out of PS. Case No.-212 Year-2020 Thana- VAISHALI District- Vaishali ====================================================== SURAJ KUMAR aged about 24 years Son of Lalbabu Raut @ Lalbabu Ray Resident of Village - Surhattha, P.S.- Vaishali (Belsar O.P.), in the distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. NK Prasad, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-05-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

As per the prosecution case, on 25.6.2020 at about 8 pm when the informant was returning to his house along with his staff by a motorcycle, four unknown miscreants riding on a motorcycle, intercepted them and on the point of pistol they snatched the bag from the staff of the informant containing cash Rs.18000/-, ATM card etc.

Learned counsel for the petitioner submits that the name

Patna High Court CR. MISC. No.1703 of 2021(3) dt.04-05-2021 2/3 of the petitioner has come in this case on the self confessional statement of the petitioner. The stolen motorcycle has been recovered from the garage of one Pramod Kumar and the petitioner is no way concerned with the said garage. Test Identification Parade has not been carried out till date. Petitioner is in custody since 28.6.2020.

Considering the facts and circumstances of the case and the fact that no incriminating material has been recovered from the conscious possession of the petitioner and the petitioner is in custody since 28.6.2020, let the petitioner, mentioned above, 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 Chief Judicial Magistrate, Vaishali at Hajipur in Vaishali (Belsar OP) Police Station Case No. 212 of 2020 on the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.1703 of 2021(3) dt.04-05-2021 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T