Rubal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60381 of 2024 Arising Out of PS. Case No.-196 Year-2024 Thana- MURLIGANJ District- Madhepura ====================================================== RUBAL KUMAR S/O Shri Madan Yadav @ Bulo Yadav @ Billo Yadav R/o Village- Parmanandpur, P.S.- Murliganj, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjit Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-12-2024 Heard Mr. Ranjit Kumar Singh, learned counsel for the petitioner and the State.
2. The petitioner is in judicial custody in connection with Murliganj P.S. Case No. 196 of 2024 for the offences punishable under Sections 394 of the IPC, lodged on 09.05.2024 by the informant, Md. Chhotu.
3. As per the prosecution story, the informant alleged that after taking the amount to purchase goats, they were moving on motorcycle when the accused intercepted and tried to snatch the amount. In the meantime, the locals caught hold of this petitioner while other managed to escape on motorcycle. This led to the FIR/arrest.
4. It is the case of the petitioner that he is a student, was a pillion rider, snatching took place and the locals thinking him as one of the accused thrashed him and handed over to the
Patna High Court CR. MISC. No.60381 of 2024(5) dt.11-12-2024 2/3 police which led to his judicial custody since 10.05.2024 ( para10 of the petition). Further, he has no criminal antecedent and if granted bail, shall be diligently appearing in the trial.
5. Learned APP opposes the prayer submitting that he has been caught on the spot.
6. Considering the submissions put forward by the parties as also the petitioner is young, has no criminal antecedent, has remained in custody since 10.05.2024, there is no likelihood of the conclusion of the trial in near future, an undertaking has been given that he shall be appearing in the trial and failure to do so, the prosecution shall take steps for cancellation of his bail bond, in that background, this Court is inclined to extend him the privilege of bail.
7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of Sri Dinesh Mani Tripathi, learned Judicial Magistrate 1st Class, Madhepura in connection with aforesaid P.S. Case subject to the following conditions:
(i) one of the bailors should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
Patna High Court CR. MISC. No.60381 of 2024(5) dt.11-12-2024 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 bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year 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 the 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. (Rajiv Roy, J) perwez U T