Uday Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5127 of 2021 Arising Out of PS. Case No.-24 Year-2020 Thana- MOTIPUR District- Muzaffarpur ====================================================== Uday Kumar Rai S/O Rajendra Ray R/O Village- Bakhara Ratanpura, P.S Motipur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

09-04-2021 Heard learned counsel for the parties through virtual mode.

The petitioner seeks bail in Motipur P.S. Case No. 24 of 2020, registered for the offence under Section 392 of the Indian Penal Code.

As per the prosecution case, four unknown miscreants, riding on a motorcycle, came at the petrol pump and looted away cash of Rs. 1,41,430/- (one lac forty one thousand four hundred thirty) from the cash counter and cash of Rs. 20,000/- (twenty thousand) from the nozleman on the point of pistol.

Petitioner is not named in the FIR. The name of petitioner has come during course of investigation. No looted articles has been recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.5127 of 2021(2) dt.09-04-2021 2/2 It is further submitted that petitioner is in custody since 27.02.2020. Chargesheet has already been submitted. Considering the fact that no looted articles has been recovered from the possession of the petitioner and period of custody, the bail application of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. (West), Muzaffarpur in connection with Motipur P.S. Case No. 24 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

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

(Prabhat Kumar Singh, J.) anay U T