Shrawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62049 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== SHRAWAN KUMAR S/O Late Vishwamitra Singh Resident of VillageSuryapura, P.S.- Ramgarh, District-Kaimur (Bhabua). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nand Singh For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-11-2019 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. The prosecution case is that the informant along with his brother one Ajit Kumar was going to his village when near the Vidhamanchak Canal three boys stopped them and two of them showing pistols snatched away the informant's mobile phone and his motorcycle. As per the information all the boys were aged about 20-25 years.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR and his name surfaced on the confessional statement of co-accused. He submits that there is six case pending against the petitioner in which he has been granted bail. He further submits that the petitioner is languishing

Patna High Court CR. MISC. No.62049 of 2019(3) dt.20-11-2019 2/2 in judicial custody since 19.07.2019.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail after framing of charge 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, Kaimur at Bhabua in connection with Ramgarh Police Station Case No. 24 of 2019, subject to the conditions that:

(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 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