Randhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70344 of 2021 Arising Out of PS. Case No.-199 Year-2021 Thana- HASPURA District- Aurangabad ====================================================== RANDHIR KUMAR S/o Surendra Paswan @ Rajendra Paswan R/o VillageTetrahi Tola Amabigha, P.S.-Haspura, District- Aurangabad ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 28-09-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Haspura P.S. Case No. 199 of 2021 registered for the offences punishable under Section 392 of the Indian Penal Code. As per prosecution case, the informant's mobile is alleged to have been snatched by petitioner and others and the mobile was recovered from the present petitioner. Learned counsel for the petitioner submits that petitioner is in custody since 29.09.2021. Petitioner bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the

Patna High Court CR. MISC. No.70344 of 2021(3) dt.28-09-2022 2/3 prosecution evidence.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence and argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Daudnagar Civil Court, Aurangabad in connection with Haspura P.S. Case No. 199 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.70344 of 2021(3) dt.28-09-2022 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) alok/- U T