Rajat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80814 of 2019 Arising Out of PS. Case No.-3 Year-2019 Thana- BUDDHACOLONY District- Patna ====================================================== Rajat Kumar, aged about 24 years, Gender- Male, Son of Chhotelal, resident of New Goshai, Tola, P.S.- Danapur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vivek Anand Kumar, Advocate For the Opposite Party/s :

Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 07-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Buddha Colony PS Case No.03 of 2019 dated 03.01.2019 instituted under Sections 394, 302 of the Indian Penal Code.

3. The petitioner along with others is accused of being involved in snatching belongings from the public.

4. In the instant case, a bag of a lady was snatched while she was travelling on a rickshaw due to which she fell down and later on succumbed to the injuries. The petitioner's name came in the confessional statement of co-accused Sagar Raj.

5. Learned counsel for the petitioner submitted that he

Patna High Court CR. MISC. No.80814 of 2019 dt.07-01-2020 2/3 has no criminal antecedent and has been falsely implicated. It was submitted that the FIR is against unknown and during investigation when the CDR of the victim was taken out by the police, it led to co-accused, Nagendra Roy, who had stated that he had bought the mobile from co-accused Sagar Raj. It was submitted that Sagar Raj had admitted that he along with Shubham Kumar had snatched the articles from the victim and had further stated that at the instance of the petitioner they used to commit such crime. It was submitted that Nagendra Roy as well as Sagar Raj and Shubham Kumar have been granted bail. It was further submitted that the petitioner having no role in the crime is in custody since 13.08.2019.

6. Learned APP submitted that the petitioner is the mastermind behind such incident.

7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-II, Patna, in Budha Colony PS Case No.03 of 2019, subject to the conditions (i) that one of the bailors shall be a close relative of the petitioner (ii) that the petitioner and the bailors shall execute

Patna High Court CR. MISC. No.80814 of 2019 dt.07-01-2020 3/3 bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

8. The application stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J) J. Alam/- AFR/NAFR U T