The High Court at Patna allowed the bail application of the petitioner in a robbery case pending since 2021, directing release on bonds of Rs. 10,000 subject to strict conditions including monthly presence marking.
Petitioner released on bail on furnishing bonds of Rs. 10,000 with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4234 of 2022
Arising Out of PS. Case No.-163 Year-2021 Thana- PATRAKARNAGAR District- Patna
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SAMAR RAJ @ MONU KUMAR Son of Raju Prasad Resident Tikiyatoli Near Mahendru Post office, Police Station - Sultanganj, District - Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Nilesh Sinha For the Opposite Party/s : Mr.Dr. Ajeet Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
3 19-07-2022
Let the defect(s), as pointed out by the office, be
removed within a period of four weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Patrakarnagar P.S. Case No. 163/2021 registered for the offences punishable under Section 392 of the Indian Penal Code.
As per prosecution case, the informant alleged that on 07.03.2021 at about 1.30 AM, while he was passing through the 90 feet road, three men came whose faces were covered, robbed his motorcycle. Thereafter, the motorcycle was recovered and seized from Gardanibagh and case registered vide Gardanibagh P.S. Case No. 100/2021.
Patna High Court CR. MISC. No.4234 of 2022(3) dt.19-07-2022 2/4
Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case merely on suspicion. Nothing has been recovered from the possession of the petitioner and the said motorcycle has been recovered from Gardanibagh, Patna. The name of petitioner has been sprang up in this case only his self confessional statement and the petitioner was remanded in this case from another case in Sultanganj P.S. Case No. 65/2021 where he confessed his involvement in the present case as well as other cases. Except the self confessional statement nothing is found to rope the present petitioner as alleged occurrence. The petitioner is languishing in custody since 13.04.2021 and bears criminal antecedent of six cases of similar nature. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, charge sheet has already been submitted in this case and there is no likelihood of tampering with the prosecution evidence and also taking into consideration the material available on record, let the petitioner above named be
Patna High Court CR. MISC. No.4234 of 2022(3) dt.19-07-2022 3/4
released on bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VIII, Patna/ concerned court in connection with Patrakarnagar P.S. Case No. 163/2021, subject to following conditions:-
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(iv) If the petitioner is found involved in similar nature of offences in future, the learned trial court shall be at liberty to cancel his bail bond.
(v) Petitioner shall furnish mobile number at the time of furnishing bail bond and the said mobile number shall continue in operating condition till disposal of the case and he shall get his presence marked before the officer-in-charge of the
Patna High Court CR. MISC. No.4234 of 2022(3) dt.19-07-2022 4/4
concerned police station on the first Tuesday of every month.
(Alok Kumar Pandey, J)
amitkumar/-
U T
Samar Raj @ Monu Kumar
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
