Rohit Kumar vs The State Of Bihar
2021 Latest Caselaw 602 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL MISCELLANEOUS No. 8178 of 2021
        Arising Out of PS Case No.-154 Year-2019 Thana- BANKA District- Banka
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Rohit Kumar, aged about 22 years (Male), Son of Shyam Manjhi, Resident of Village-Pilua, PS-Bounsi, District-Banka.

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

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

For the Petitioner/s     :       Mr. Sayed Ashfaque Ahmad, Advocate
For the State            :       Ms. Renu Kumari, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 03-02-2021

The matter has been heard via video conferencing.

2. Heard Mr. Syed Ashfaque Ahmad, learned counsel

for the petitioner and Ms. Renu Kumari, learned Additional Public

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

3. The petitioner is in custody in connection with Banka

PS Case No. 154 of 2019 dated 12.03.2019, instituted under

Section 379 of the Indian Penal Code.

4. This is the second attempt for bail by the petitioner as

earlier such prayer was rejected by order dated 19.06.2020 in Cr.

Misc. No. 15554 of 2020.

Patna High Court CR. MISC. No.8178 of 2021 dt.03-02-2021

5. The allegation against the petitioner, though not

named in the FIR, is of stealing over Rs. 4 lakhs from the dicky of

the motorcycle of the informant.

6. Learned counsel for the petitioner submitted that the

biggest hurdle faced by the petitioner in the present case is that

there is observation by the Investigating Officer that he has been

identified in the Test Identification Parade (hereinafter referred to

as the 'TIP'). It was submitted that the same does not disclose as

to who has identified and the same also is highly doubtful for the

informant himself has written in the FIR that when he had gone to

buy a bag, the money was stolen from the dicky by unknown

persons. Thus, he submitted that it is obvious that he had not seen

the person(s) who had committed the theft and therefore there

cannot be any question of identification. Learned counsel

submitted that only after the implication of the petitioner in the

present case, that too, on the confessional statement of co-accused

Chandan Yadav, he has been made accused in other five cases.

Learned counsel submitted that the petitioner is in custody since

24.09.2019 and further that co-accused Chandan Kumar has been

granted bail by a co-ordinate Bench on 01.06.2019 in Cr. Misc.

No. 87085 of 2019.

Patna High Court CR. MISC. No.8178 of 2021 dt.03-02-2021

7. Learned APP submitted that the petitioner has been

identified in the TIP. However, he could not explain as to how the

petitioner is said to have been identified in the TIP when the

allegation is that the informant was not a witness to commission

of the crime.

8. 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 Chief Judicial

Magistrate, Banka in Banka PS Case No. 154 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 before the Court on each and every date. Failure to Patna High Court CR. MISC. No.8178 of 2021 dt.03-02-2021

cooperate or being absent on two consecutive dates, without

sufficient cause, shall also lead to cancellation of his bail bonds.

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T