Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67558 of 2019 Arising Out of PS. Case No.-124 Year-2019 Thana- AMNAUR District- Saran ====================================================== RAJA KUMAR, S/o Prayag Sharma @ Prayag Mistri, R/o village- Manopur, P.S.- Dighwara, Distt.- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Mohan Jha For the Opposite Party/s :
Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP 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 Mithilesh Kumar has filed this case against unknown criminals alleging that on 10.05.2019 around 8.55 PM some criminals came on a four wheeler and asked address during which they started snatching his mobile phone. When they could not succeed in snatching his mobile they forcibly got him boarded in the four wheeler and assaulted and snatched his mobile and threw him on the way. He was brought by the passers by to his village.
Learned counsel for the petitioner submits that the petitioner is in custody since 22.06.2019. The petitioner is not named in the FIR. The petitioner has been remanded in this case from Amnour P.S. Case No. 130 of 2019. He has not been put on T.I. parade. Except the
Patna High Court CR. MISC. No.67558 of 2019(3) dt.04-12-2019 2/2 confessional statement before police is no legal clue to connect the petitioner with this crime. There is recovery of looted mobile from the possession of co-accused Pradeep Kumar Manjhi. Considering the aforesaid facts and circumstances, 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 A.C.J.M.-II, Saran at Chapra, in connection with Amnour P.S. Case No. 124 of 2019, subject to the following conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) 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.
(3) 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) amitkumar/- U T