Bhavesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51637 of 2019 Arising Out of PS. Case No.-20 Year-2019 Thana- BIHRA District- Saharsa ====================================================== BHAVESH KUMAR S/o Late Jagdish Prasad Yadav R/o village- Padampur, P.S.- Bihra, District- Saharsa.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Bihra P.S. Case No. 20 of 2019 registered for the offence punishable under Section 394 of the Indian Penal Code.

Allegation is that three unknown miscreants stopped the motorcycle of the informant, looted him and shot at informant's brother-in-law, causing injury to him. It has been submitted on behalf of petitioner that petitioner is not named in the FIR. Nothing has been recovered from his possession. Petitioner has not been put on T.I.P. It has been further submitted that similarly placed co-accused, namely, Rakesh Kumar has been granted bail by this Hon'ble Court vide

Patna High Court CR. MISC. No.51637 of 2019(3) dt.01-10-2019 2/2 order dated 19.08.2019 passed in Cr. Misc. No. 51367 of 2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon 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, Saharsa, in connection with Bihra P.S. Case No. 20 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T