Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48421 of 2015 Arising Out of PS.Case No. -85 Year- 2015 Thana -KADWA District- KATIHAR ======================================================

1. Rohit Kumar S/o Sudam Pd. mandal, r/o Village - Bathaili P.s. - Katihar (M), District - Katihar. .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Pushpa Sinha-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2016 Heard learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Kadwa P.S. Case No. 85 of 2015 registered for the offence punishable under Section 392 of the Indian Penal Code.

Allegedly, when the informant after collecting the amount of Rs. 55,000/- was returning back to deposit the same in HDFC Bank, two motorcycle borne criminals over took him and at the point of pistol they snatched the air-bag containing Rs.55,000/- , mobile and bank receipt and started fleeing away. But after chase, the petitioner was caught with the help of villagers and he has stated the names of the others.

Submission is of false implication and that he has been made victim of the circumstances, on suspicion he was caught but nothing has been recovered from his possession and he is suffering in custody since 05.07.2015 having no criminal antecedent and as

Patna High Court Cr.Misc. No.48421 of 2015 (3) dt.19-01-2016 2/2 such he deserves sympathetic consideration to which learned A.P.P. opposes.

In the facts and circumstances stated above, considering the period of detention of the petitioner and further the charge-sheet has already been submitted and there is no chance of tampering with the prosecution evidence, and as such the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Kadwa P.S. Case No. 85 of 2015, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) khushbu/- U T