Robin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.756 of 2022 Arising Out of PS. Case No.-2 Year-2021 Thana- JAYRAMPUR District- Sheikhpura ====================================================== ROBIN KUMAR, Son of Dinesh Prasad Singh, Resident of Village- Badarthi, P.S.- Barbigha, District- Sheikhpura.
... ... Petitioner
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Anjani Pd. Singh, Advocate For the Opposite Party/s :
Mr.Akhileshwar Dayal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-05-2022 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within two weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr.Akhileshwar Dayal, learned APP for the State. The petitioner in the present case is seeking regular bail in connection with Jairampur P.S. Case No. 02 of 2021 registered for the offences punishable under Sections 395, 412 of the Indian Penal Code. The petitioner is in custody in connection with this case since 22.10.2021. He has no criminal antecedent.
Learned counsel for the petitioner submits that as per the prosecution story, the informant and his two companions were intercepted on way by 15-16 unknown persons concealing
Patna High Court CR. MISC. No.756 of 2022(2) dt.12-05-2022 2/3 their faces and looted his motorcycle, mobile phones of the informant and his companions and some cash.
Learned counsel submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the date of alleged occurrence is 24.01.2021 and the matter was reported to the Police for the first time on 28.01.2021. Nothing was recovered from the possession of the petitioner and the investigation against him is complete. Mr.Akhileshwar Dayal, learned APP for the State has opposed the prayer for regular bail of the petitioner. Having regard to the submission that the name of the petitioner has transpired in the confessional statement of the coaccused, the occurrence is of 24.01.2021 but the F.I.R. has been lodged on 28.01.2021, there is no recovery from the possession of the petitioner and the petitioner has remained in custody in connection with this case since 22.10.
2021, investigation against him is complete and his presence may be secured in course of trial, this Court directs release of the petitioner above named on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sheikhpura in connection with Jairampur P.S. Case No.
Patna High Court CR. MISC. No.756 of 2022(2) dt.12-05-2022 3/3 2021 (G.R. No. 129/2021), subject to the condition as laid down under Section 437(3) Cr.P.C.
And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. This application stands allowed.
(Rajeev Ranjan Prasad, J) vats/- U Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.