Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 8074 of 2021 Arising Out of PS. Case No.-145 Year-2019 Thana- HAZIPUR INDUSTRIAL DistrictVaishali ====================================================== SUNNY KUMAR S/o Akhilesh Ray R/o village- Majhauli, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramakant Sharma Mr. Arvind Kumar Sinha For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-07-2021 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 bail in a case registered for the offence punishable under section 392 of the Indian Penal Code. As per prosecution case, when the informant reached at N.H., three unknown accused persons on the point of pistol robbed his cash and other articles. It is further alleged that miscreants were talking in local language with each other and one of the miscreants was addressing the name, Raushanma to kill him. It is submitted on behalf of petitioner that petitioner is not named in the FIR. The name of the petitioner has come on the basis of confessional statement of co-accused Kunal Kumar. No looted article was recovered from the possession of the

Patna High Court CR. MISC. No. 8074 of 2021(4) dt.24-07-2021 2/2 petitioner. Till date no TI Parade has been held. Petitioner is in custody since 10.01.2020.

Learned counsel for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that till date T.I. Parade was not held, this bail application is allowed. Let the petitioner 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 the Chief Judicial Magistrate Vaishali at Hajipur in Industrial Area P.S. Case no. 145/2019 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 canceled 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) s.hassan/- U T