Arbind Kumar @ Arvind Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70097 of 2021 Arising Out of PS. Case No.-61 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== Arbind Kumar @ Arvind Kumar Son of Rambahadur Sah Resident of Village - Methanapur, P.S.- Minapur, District - Muzaffarpur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-05-2022 Heard Mr. Abhishek Kumar, learned counsel for the petitioner and the learned APP for the State. The petitioner is in judicial custody in connection with Minapur P.S. Case No. 61 of 2020 registered under section 392 of the Indian Penal Code.
The allegation against him is that he intercepted the motorcycle of the informant and after beating, snatched the motorcycle on gun point as also took away Rs. 4000/- from his pocket.
Learned counsel for the petitioner submits that although he has been remanded in this case on 15.12.2020, no Test Identification Parade has been done, as per his information. He further submits that nothing has been recovered from his conscious possession and he is in jail since 15.12.202 (as stated
Patna High Court CR. MISC. No.70097 of 2021(2) dt.24-05-2022 2/3 in para-13 of the bail application).
Considering the aforesaid facts that the petitioner is in jail since 15.12.2020, charge-sheet stands submitted and nothing has been recovered from his conscious possession; this Court is inclined to grant him the privilege of bail. However, since he has criminal antecedent of the same nature, it is important to put strict considerations while releasing him on bail. Let the petitioner be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur, in connection with Minapur P.S. Case No. 61 of 2020 subject to the following conditions:- (i) Both the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so each and every dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall appear before the concerned police station every week for next six months to mark his presence; (iv) the petitioner shall desist from committing any
Patna High Court CR. MISC. No.70097 of 2021(2) dt.24-05-2022 3/3 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Ravi/- U T