Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71552 of 2021 Arising Out of PS. Case No.-28 Year-2020 Thana- KARTAHA District- Vaishali ====================================================== ROHIT KUMAR Son of Ramesh Kumar Singh Resident of Ajit Nagar Chandralay, P.S. - Hajipur Sadar, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivanand Singh For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 04-07-2022 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 Kartaha P.S. Case No. 28 of 2020 registered for the offences punishable under Sections 394, 34, 395, 412 of the Indian Penal Code.

As per prosecution case, on 18.03.2020 at about 02:50 PM three criminals having pistols entered in the bank and on the point of pistol looted away a sum of Rs. 8,08,480/- and other articles. On this information the FIR was lodged against unknown.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.71552 of 2021(3) dt.04-07-2022 2/3 petitioner is in custody since 25.11.2020 and bears criminal antecedent of three cases in which he is on bail in two cases and one case is of similar nature. Charge sheet has already been submitted in the case and there is no likelihood of tampering the prosecution evidence. He further submits that the petitioner is not named in the F.I.R. and has been made accused on the basis of confessional statement of co-accused Vishal Kumar alias Vishal Kumar Singh who has already been granted bail by order dated 25.08.2021 passed in Cr. Misc. No. 41193 of 2021 by the co-ordinate bench of this court. The petitioner has neither been put on TIP nor any incriminating material has been recovered from the possession of the petitioner.

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, charge-sheet has already been submitted, nothing has been recovered from possession of the petitioner, FIR has been lodged against unknown 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 learned Sub-Judge-

Patna High Court CR. MISC. No.71552 of 2021(3) dt.04-07-2022 3/3 XVI-cum-A.C.J.M.-XV, Vaishali at Hajipur in connection with Kartaha P.S. Case No. 28 of 2020, 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 would be a ground for cancellation of bail by the learned Trial court itself.

(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) shahzad/- amit U T