Hon'ble Justice Anil Kumar Sinha granted regular bail to the petitioner in a case registered for snatching under Section 392 IPC, considering the co-accused was on bail and the charge sheet was submitted.
Petitioner to be released on regular bail on furnishing bail bond of Rs. 10,000/- with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39030 of 2021
Arising Out of PS. Case No.-900 Year-2020 Thana- MADHEPURA District- Madhepura
======================================================
MITHUN KUMAR Son of Laxman Yadav @ Laxman Yadav Resident of Village- Rahua, Ward No. 03, P.S.- Madhepura, District- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ranjay Kumar Singh For the Opposite Party/s : Mr. Prem Kumar Jha. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 21-01-2022
Heard learned counsel for the parties through video conferencing.
Petitioner seeks regular bail in connection with Madhepura P.S. Case No. 900 of 2020 registered for the offence under Section 392 of the I.P.C.
The informant was intercepted by four miscreants while he was going on motorcycle along with money and the accused persons snatched the cash, Samsung tablet, mobile etc. from the informant.
Learned counsel for the petitioner submits that petitioner is not named in the First Information Report and he has been remanded in this case from Madhepura P.S. Case No. 903 of 2020 registered under Sections 25(1-b)a / 26 / 35 of the Arms Act on the basis of confessional statement of the
Patna High Court CR. MISC. No.39030 of 2021(2) dt.21-01-2022 2/3
petitioner and another co-accused. He further submits that petitioner has not been put on T.I. Parade and no looted article has been recovered from the possession of the petitioner. The co-accused / Prabhakar Kumar has been granted bail by a Coordinate Bench of this Court in Cr. Misc. No. 38102 of 2021 and the petitioner is in custody since 18-01-2021.
Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that co-accused has been granted bail by a Coordinate Bench of this Court, the petitioner is in custody since 18/01/2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 900 of 2020 on the following conditions:-
(i) 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 his absence on two
Patna High Court CR. MISC. No.39030 of 2021(2) dt.21-01-2022 3/3
consecutive dates without sufficient reason, his bail bond shall 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.
(Anil Kumar Sinha, J)
praful/-
U T
1 issue framed by the court
Whether regular bail should be granted to the petitioner in connection with an offence under Section 392 IPC.
Mithun Kumar
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
