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2021 DIGILAW 3 (PAT)

Sudarshan Rai v. State Of Bihar

2021-01-04

AHSANUDDIN AMANULLAH

body2021
JUDGMENT Ahsanuddin Amanullah, J. - Heard Mr. Raju Kumar, learned counsel for the petitioner and Mr. Ram Anurag Singh, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State. 2. The petitioner is in custody in connection with Sahebgaj PS Case No. 555 of 2019 dated 22.12.2019, instituted under Section 392 of the Indian Penal Code. 3. The allegation against the petitioner, though not named in the FIR, is that he was one of the persons who came on three motorcycles and looted the motorcycle of the informant, his mobile, helmet, gold ring worth Rs. 12,000/- and cash Rs. 4600/- and some important documents. 4. Learned counsel for the petitioner submitted that besides not being named in the FIR, there is no recovery from Patna High Court CR. MISC. No.31861 of 2020 dt.04-01-2021 him. It was further submitted that no Test Identification Parade (TIP) has been held and the petitioner has been falsely implicated only on the basis of confessional statement of coaccused Jai Prakash Tiwari and is in custody since 26.02.2020. 5. Learned APP submitted that the co-accused has taken the name of the petitioner and he was involved in the crime. 6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, West, Muzaffarpur in Sahebgaj PS Case No. 555 of 2019, subject to the conditions (i) that one of the bailors shall be a close relative of the petitioner, (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner, and (iii) that the petitioner shall also give an undertaking to the Court that he shall not indulge in any illegal/criminal activity, act in violation of any law/statutory provisions, tamper with the evidence or influence the witnesses. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The Patna High Court CR. MISC. No.31861 of 2020 dt.04-01-2021 petitioner shall cooperate in the case and be present before the Court on each and every date. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The Patna High Court CR. MISC. No.31861 of 2020 dt.04-01-2021 petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds. 7. However, this order is subject to the main application supported by affidavit being e filed in this Court by learned counsel for the petitioner latest by day after tomorrow. 8. The application stands disposed off in the aforementioned terms.