Firoz @ Babloo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5162 of 2021 Arising Out of PS. Case No.-50 Year-2018 Thana- NTPC District- Patna ====================================================== FIROZ @ BABLOO KUMAR SON OF MUNNA SAV Resident of Village - Chiraiyantand, P.S.- Kankarbagh, Distt.- Patna, Presently residing at Taj Nagar, P.s.- Phulwari Sharif, Dist.- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Sharma For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-04-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner seeks bail in NTPC P.S. Case No. 50/2018 registered for the offences punishable under Sections 379/427/34 of the Indian Penal Code.

As per the prosecution case, some unknown miscreants damaged the A.T.M. of State Bank of India and looted cash and took away volt of the A.T.M.

It is submitted on behalf of the petitioner that petitioner is not named in the F.I.R. and the name of this petitioner surfaced on the basis of confessional statement of co-accused Danish. It is further submitted that no stolen article has been recovered from the possession of

Patna High Court CR. MISC. No.5162 of 2021(2) dt.12-04-2021 2/3 the petitioner. It is next submitted that co-accused Danish has already been granted bail by this Hon'ble High Court vide order dated 15.05.2019 passed in Cr. Misc. No. 32359 of 2019. Chargesheet has already been submitted in this case. Petitioner is in custody since 28.11.2019.

Considering the fact that no looted article has been recovered from the possession of the petitioner and petitioner has been named in this on the basis of confessional statement of co-accused Danish, the bail petition of the petitioner is allowed. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned J.M. 1st Class, Barh, Patna, in connection with NTPC P.S. Case No. 50/2018, subject to 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 on his absence on two consecutive dates without sufficient reason, his bail-bonds shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case, the prosecution will be at liberty

Patna High Court CR. MISC. No.5162 of 2021(2) dt.12-04-2021 3/3 to move for cancellation of bail.

(Prabhat Kumar Singh, J) Saif/- U T