Udit [email protected] Babu vs The State Of Bihar
2021 Latest Caselaw 576 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 36960 of 2020
 Arising Out of PS Case No.-759 Year-2019 Thana- KANTI THARMAL POWER District-
                                      Muzaffarpur
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Udit Jha @ Sona Babu, Male- 27 years, Son of Manoj Jha @ Manoj Kumar, Resident of Village- Patahi Madhubani (Mahmadpur Patahi) PS- Sadar, District- Muzaffarpur.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhavesh Kumar, Advocate For the State : Mr. Kumar Ranjeet Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-02-2021

Heard Mr. Bhavesh Kumar, learned counsel for the

petitioner and Mr. Kumar Ranjit Ranjan, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with Kanti

PS Case No. 759 of 2019 dated 10.10.2019, instituted under

Sections 356 and 379 of the Indian Penal Code.

3. The allegation against the petitioner in connection

with an FIR against unknown persons, is that he was party to the

snatching of bag containing Rs. 2,40,000/-, motorcycle, cheque

book and the documents of the vehicle from the informant.

4. Learned counsel for the petitioner submitted that he

has no past criminal antecedent but on the so-called confessional Patna High Court CR. MISC. No.36960 of 2020 dt.02-02-2021

statement of the petitioner himself in another case, he has been

implicated in many other cases of similar nature including the

present case. It was submitted that he is in custody since

07.02.2020.

5. Learned APP submitted that the driving licence and

bank statement of the informant have been recovered from the

petitioner which clearly shows that he was involved.

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 SDJM, West,

Muzaffarpur in Kanti PS Case No. 759 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 petitioner shall cooperate in the case and be present Patna High Court CR. MISC. No.36960 of 2020 dt.02-02-2021

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. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T