Nitin Kumar @ Robin Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84545 of 2019 Arising Out of PS. Case No.-90 Year-2019 Thana- BARURAJ District- Muzaffarpur ====================================================== NITIN KUMAR @ ROBIN SINGH S/o Shashi Patel R/o village- Rajpur, P.S.- Sahebganj, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Adv.

Mr. Amrendra Kumar, Adv.

For the Opposite Party/s :

Mr. Humayun Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-03-2020 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. While the informant was proceeding with his motorcycle, he was intercepted by four persons near Sugaria Mela and they looted his motorcycle and also assaulted him. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. No incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has been made accused in this case on the confessional statement of co-accused persons which has no evidentiary value in the eye of law. He

Patna High Court CR. MISC. No.84545 of 2019(3) dt.18-03-2020 2/3 has been languishing in custody since 05.09.2019. Similarly situated co-accused, namely, Ankit Kumar has been enlarged on bail by a co-ordinate bench of this court vide order dated 23.01.2020 passed in Cr. Misc. No. 1558 of 2020. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Muzaffarpur in connection with Baruraj P.S. Case No.20 of 2019, subject to the following conditions :

(1) One of the bairlors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State

Patna High Court CR. MISC. No.84545 of 2019(3) dt.18-03-2020 3/3 shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) Trivedi/- U T