Satyadeo Bind @ Prabhakar Kumar @ Prabhakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66165 of 2022 Arising Out of PS. Case No.-96 Year-2022 Thana- JAGDISHPUR District- Bhagalpur ====================================================== SATYADEO BIND @ PRABHAKAR KUMAR @ PRABHAKAR S/O Hiralal Bind Resident of Village- Bari Majhgai, P.S.- Gangta, DistrictMunger. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar, Adv.

For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with S.T. No. 539 of 2022 arising out Jagdishpur P.S. Case No. 96 of 2022 registered for the offence under Sections 394 of the Indian Penal Code.

The allegation against the petitioner is to commit robbery along with other co-accused persons. It is alleged that Rs.7.25 lakh of the informant has been snatched by the petitioner and his associates on the point of gun.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has not been named in the F.I.R., however, his name transpired in this case

Patna High Court CR. MISC. No.66165 of 2022(3) dt.18-04-2023 2/3 during course of investigation on the basis of his confession before the police. He further submits that nothing incriminating or looted article has been recovered from the conscious possession of the petitioner rather the looted money has been recovered from the possession of the co-accused Ashish @ Ashish Bind @ Roushan Bind @ Ramband Bind @ Ashish Kumar. Save and except the self confessional statement of the petitioner, no cogent material has surfaced during course of investigation suggesting the involvement of the petitioner in the alleged occurrence. Moreover, the similarly situated co-accused, Ashish @ Ashish Bind @ Roushan Bind @ Ramband Bind @ Ashish Kumar has already been granted bail by a co-ordinate Bench of this Court vide order dated 20.03.2023 passed in Cr. Misc. No. 71857 of 2022. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 18.03.2022.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases other than the present one.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 17th Additional

Patna High Court CR. MISC. No.66165 of 2022(3) dt.18-04-2023 3/3 Sessions Judge, Bhgagalpur in connection with S.T. No. 539 of 2022 arising out of Jagdishpur P.S. Case No. 96 of 2022 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) 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.

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 step 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.

(Rajesh Kumar Verma, J) brajesh/- U T