Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68059 of 2019 Arising Out of PS. Case No.-156 Year-2019 Thana- BALIYA District- Begusarai ====================================================== SACHIN KUMAR Son of Gopal Paswan @ Kuli Paswan Resident of VillagePaharchak, P.S.- Mufassil, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Ranjan For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. Prosecution case as lodged by the informant is that on 08.05.2019 about 8.30AM, informant along with Ambedkar Kumar went to college by Yamaha motorcycle FZS bearing No. BR09AA9308 and while he was returning his home, he saw three persons are chasing him. At about 10.30AM near Yamaha motorcycle showroom, overtaken the motorcycle of the informant and stopped his motorcycle, unknown persons snatched the key of motorcycle. On protest, they pointed pistol. Informant under fear gave them 28,200/- rupees and they also snatched the mobile and fled away towards Begusarai. Lastly,

Patna High Court CR. MISC. No.68059 of 2019(3) dt.04-12-2019 2/3 informant says that he has full faith that Azad Singh has managed the occurrence with his associates who is inimical to him.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R., no TI Parade has been done yet and he has been falsely implicated in this case. He submits that petitioner's name has come on the confessional statement of co-accused. He submits that there is no recovery from the possession of the petitioner and he is in judicial custody since 14.06.2019.

In the facts and circumstances of the case, 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 the learned Chief Judicial Magistrate, Begusarai in connection with Ballia Police Station Case No. 156 of 2019, subject to the conditions: (I) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(II) 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 Court and his

Patna High Court CR. MISC. No.68059 of 2019(3) dt.04-12-2019 3/3 absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below. (III) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Anjani Kumar Sharan, J) devendra/- U T