Prabhat Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70732 of 2019 Arising Out of PS. Case No.-163 Year-2019 Thana- SILAO District- Nalanda ====================================================== Prabhat Shankar Kumar Son of Naresh Prasad Resident of Village - Korai, P.S.- Deep Nagar, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudal Singh, Advocate For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in Silao P.S. Case No. 163 of 2019, registered for the offence punishable under Section 392 of the Indian Penal Code.

Informant alleged that while he along with his driver was returning with his car after purchasing some articles, on the way, three miscreants boarded on a motorcycle, forcibly stopped his car and on the point of gun snatched cash of Rs. 70,000/- from his pocket and also damaged glass of the car. They also took away mobiles of the informant and his driver. It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. Petitioner is not named in the F.I.R. During course of investigation, co-accused Satish Kumar in his confessional

Patna High Court CR. MISC. No.70732 of 2019(2) dt.25-11-2019 2/2 statement has taken name of this petitioner. Petitioner is in custody since 23.08.2019. No test identification parade has been held till date. Moreover, co-accused Satish Kumar has been granted bail by a Coordinate Bench of this court vide order dated 19.11.2019 passed in Cr. Misc. No. 69992 of 2019. Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Silao P.S. Case No. 163 of 2019, subject to the following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T