Keshaw Kumar @ Keshaw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8028 of 2021 Arising Out of PS. Case No.-148 Year-2020 Thana- LADANIA District- Madhubani ====================================================== Keshaw Kumar @ Keshaw aged about 21 years (Male), Son of Vibhash Kumar @ Bibhash Chandh @ Vibhash Kumar Chand Resident of VillageKhutauna, P.S.- Khutauna, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Gagandeo Yadav For the Opposite Party/s :

Smt. Suman Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

23-06-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Ladaniya P.S. Case No. 148 of 2020, registered for the offence under Sections 395, 170, 34 of the Indian Penal Code.

As per the prosecution case, this petitioner alongwith four accused persons, posing as police officials, intercepted the truck of the informant and looted cash, mobile phone and other articles.

It is submitted on behalf of petitioner that there is general and omnibus allegation and petitioner has been named in this case only on the basis of conversation between the miscreants at the time of occurrence. No incriminating article

Patna High Court CR. MISC. No.8028 of 2021(3) dt.23-06-2021 2/3 has been recovered from the possession of the petitioner. Till date, petitioner has not been put on T.I.Parade and he is in custody since 26.07.2020. Chargesheet has already been submitted.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts & circumstances and the fact that no incriminating article has been recovered from the possession of the petitioner, the bail petition of petitioner is allowed.

Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Madhubani in connection with Ladaniya P.S. Case No. 148 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.

Patna High Court CR. MISC. No.8028 of 2021(3) dt.23-06-2021 3/3

(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