Saurabh Kumar @ Balram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 50322 of 2019 Arising Out of PS. Case No.-274 Year-2018 Thana- RAMPUR District- Gaya ====================================================== Saurabh Kumar @ Balram aged about 28 years (Male) Son of Pradeep Yadav @ Gaurav, Resident of Village- Gulab Bag, P.S.- Barh, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabindra Prasad Singh For the Opposite Party/s :

Ms. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

23-01-2020 Heard learned counsel for the parties.

The petitioner seeks bail in Rampur P.S. Case No. 274 of 2018 registered for the offence under Section 395 of the Indian Penal Code.

As per prosecution case, 5-6 unknown miscreants looted away cash, gold and valuable articles from the house of the informant and it is alleged that petitioner was one of the person, who was involved in the aforesaid crime. It was submitted on behalf of petitioner that petitioner is not named in the F.I.R. and his name has come on the confession of co-accused Ankesh Kumar, who has already been granted bail by this Hon'ble Court, vide order dated 03-09-2019 passed in Cr.Misc. No. 55337 of 2019. It was further submitted that neither any incriminating article has been recovered from

Patna High Court CR. MISC. No.50322 of 2019(3) dt.23-01-2020 2/2 the possession of the petitioner nor the petitioner has been put on T.I. Parade. In this case, chargesheet has already been submitted and as such, there is no chance of tampering with the evidence. Petitioner is in custody since 26-11-2018. Considering the aforesaid facts and circumstances as well as the fact that co-accused, on whose confession petitioner's name came, has already been granted bail and petitioner is lying in jail since long, let the above named petitioner 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 learned C.J.M., Gaya in connection with Rampur P.S. Case No. 274 of 2018 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 and shall remain physically present, as directed by the Court 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