Sagar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65687 of 2021 Arising Out of PS. Case No.-484 Year-2020 Thana- RAHUI District- Nalanda ====================================================== SAGAR KUMAR Son of Subodh Kumar Resident of Village- Utar Bazar, Warsaliganj, P.S.- Warsaliganj, District- Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No.2, Advocate.
For the Opposite Party/s :
Mr. Md. Mushtaque Alam, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 11-05-2022 The applicant/accused in Crime No.484 of 2020 (GR No.7140 of 2020) registered with Police Station-Rahui (Bhagan Bigha) for the offence punishable under Section 392 of the Indian Penal Code, by this application is seeking his release on bail during the pendency of the trial.
Heard both sides.
According to the prosecution case, when the truck loaded with goods belonging to the Hindustan Liver Limited was parked at the Petrol-Pump and when the driver of that truck was sleeping, three robbers took away that truck by abducting driver Deepak Das. Thereafter, some goods from that truck were shifted to another vehicle and cash amounting to Rs.10,000/- was taken away by the robbers. Driver Deepak Das then informed the incident to first informant Ragho Prasad, Manager
Patna High Court CR. MISC. No.65687 of 2021(5) dt.11-05-2022 2/3 of the Hindustan Liver Limited. That is how, F.I.R. of the subject crime was lodged.
I have considered the submissions so advanced and also perused the materials placed before me.
There is no evidence worth mentioning against the applicant. The police is relying on the confessional statement which apparently has not yielded to any recovery. In this view of the matter, though the applicant is having chequred history of similar crimes, his further pretrial detention is not warranted and, as such, the following orders:
(i). The application is allowed.
(ii). The applicant/accused in Crime No.484 of 2020 (GR No.7140 of 2020) registered with Police Station-Rahui (Bhagan Bigha) for the offence punishable under Section 392 of the Indian Penal Code, be released on bail on executing P.R. bond of Rs.25000/-(Rupees Twenty Five Thousand) and on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions:
(I). The applicant should not extend any threat, promise or inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to
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(II). The applicant should cooperate the trial in expeditious disposal of the trial against him. (III). The applicant should not contact the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial. (IV). The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case. The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused. (A. M. Badar, J) P.S./- U T