Rohit Kumar @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5780 of 2019 Arising Out of PS. Case No.-565 Year-2018 Thana- GANDHIMAIDAN District- Patna ====================================================== Rohit Kumar @ Sonu s/o Valmiki Prasad Singh Resident of village-Birpur, Police Station-Bind, District-Nalanda, at present-R.M.S. Colony, Quarter, Pyare kunj Palya Niwas, P.s.-Kankarbagh, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Mouar For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Gandhi Maidan P.S. Case No. 565 of 2018 registered for the offence punishable under Sections 379 and 356/411 of the Indian Penal Code. FIR relates to snatching of mobile of the Informant by two persons riding on motorcycle. Further, on chasing pillion rider was caught by the Informant and the person who was driving the motorcycle managed to escape.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been submitted on behalf of the petitioner that the name of the

Patna High Court Cr.Misc. No.5780 of 2019(5) dt.22-02-2019 2/3 petitioner has surfaced in this case on the basis of confessional statement of co-accused Harshit Raj, who has already been granted bail vide order dated 16.01.2019 in Criminal Miscellaneous No. 491 of 2019. Petitioner is in custody since 09.11.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XVII, Patna, in connection with Gandhi Maidan P.S. Case No. 565 of 2018, with 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 the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the

Patna High Court Cr.Misc. No.5780 of 2019(5) dt.22-02-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U