While granting bail to the petitioner accused in a robbery case, the High Court imposed conditions requiring cooperation in the trial, maintaining presence in court, and prohibiting tampering with evidence or witnesses.
Release on bail on furnishing a bond of Rs.10,000/- with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66602 of 2019
Arising Out of PS. Case No.-119 Year-2019 Thana- RAJPUR District- Buxar
====================================================== SRAWAN KUMAR @ SRAVAN YADAV @ SIDHNATH @ SIDHARTH Son of Nageshwar Yadav Resident of Village - Nai Bazar, Ward No.-08, P.S.Buxar (T), District- Buxar
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Nil Kamal For the Opposite Party/s : Mr.Kumar Ranjit Ranjan ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 06-11-2019
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code.
Prosecution case as lodged by the informant who is a staff of C.S.P. (S.B.I.) is that on 10.06.2019 at about 3 PM when he along with Shubham Kumar proceeded after withdrawing Rs. 50,000/- from C.S.P. Rajpur S.B.I., Rs. 20,000/- from A.T.M. and Rs. 19,900/- from pass book together Rs. 89,900/- and proceeded further at few distance on Harpur Bridge then some unknown persons chased by vehicles and stop him. They
Patna High Court CR. MISC. No.66602 of 2019(2) dt.06-11-2019 2/3
pointed pistol and snatched bag. They were three in number.
Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. and his name came out on the confessional statement of co-accused Tahir Ansari. He further submits that co-accused has been granted the privilege of bail by a coordinate Bench of this Court. Petitioner is languishing in judicial custody since 07.07.2019.
In the facts and circumstances of the case, 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 C.J.M., Buxar in connection with Rajpur Police Station Case No. 119 of 2019, subject to the conditions:
(I) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(II) 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.
(III) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.66602 of 2019(2) dt.06-11-2019 3/3
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)
devendra/-
U T
2 issues framed by the court
Whether the petitioner qualifies for bail in a case involving robbery under Section 392 IPC.
Whether conditions can be imposed by the Court of Session regarding bail bonds.
1 provisions across 1 enactments
SRAWAN KUMAR @ SRAVAN YADAV @ SIDHNATH @ SIDHARTH
THE STATE OF BIHAR
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
