Shashi Ranjan Kumar @ Shashiranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 56884 of 2023 Arising Out of PS. Case No.-138 Year-2023 Thana- KOILWAR District- Bhojpur ====================================================== SHASHI RANJAN KUMAR @ SHASHIRANJAN SON OF BRAJESH KUMAR SINGH RESIDENT OF VILLAGE- BARAIYA TOLA, PSMANER, DISTT- PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr Anil Kumar No 1, Advocate For the Opposite Party/s :
Mr Arvind Kumar Pandey, APP ======================================================
CORAM:
HONOURABLE MR JUSTICE RAJIV ROY ORAL ORDER 30-08-2023 Heard the parties.
2 The petitioner is in judicial custody in connection with Koilawar PS Case No 138 of 2023 registered for the offence punishable under Section 395 of Indian Penal Code. 3 As per the prosecution story, the informant, a truck driver has alleged that while on way near Daulatpur Village under Koilwar PS, the accused persons, on motorcycle, intercepted the informant and on the point of pistol, snatched Rs 64,500 as well as mobile phones. Further, they also snatched Rs 22,000/- and mobile phone of another driver Ajay Kumar, Rs 10,000/- and a mobile phone from Subhash Kumar Yadav, a third truck driver and Rs 20,000/- and a mobile phone from the fourth truck driver Basant Rai. Accordingly, the FIR.
Patna High Court CR. MISC. No.56884 of 2023(2) dt.30-08-2023 2/3 4 Learned counsel for the petitioner submits that during investigation, petitioner's name has come up but nothing has been recovered from his possession and even the confessional statement has been made under coercion before the police.
5 learned APP opposes the prayer for bail stating that it is a case of multiple robbery and the petitioner has also criminal antecedents.
6 Considering the fact that the name of the petitioner has come in the confessional statement, nothing has been recovered from his conscious possession and he is in custody since 13.03.2023, this Court is inclined to extend him the privilege of bail with conditions but only after framing of charges.
7 Let the petitioner above named be released on bail, after framing of charges, on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in Koilwar PS Case No 138 of 2023 subject to the following conditions:
(i) One of the bailors should be the family member of the petitioner who shall provide official document to show his bona fide;
Patna High Court CR. MISC. No.56884 of 2023(2) dt.30-08-2023 3/3 (ii) The petitioner shall appear on each and every date before the trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the trial Court itself;
(iii) The petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
(v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
8 With the aforesaid observations, this application is allowed.
(Rajiv Roy, J) M.E.H./- U T