Rohit Kumar vs State Of Bihar

The matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

Heard Mr. Syed Ashfaque Ahmad, learned counsel along with Mr. Balram Kapri, learned counsel for the petitioner and Dr. Mrityunjay Kumar

Gautam, learned Additional Public Prosecutor (hereinafter referred to as the ‘APP’) for the State.

The petitioner is in custody in connection with Bounsi PS Case No. 279 of 2018 dated 26.12.2018, instituted under Section 392 of the Indian Penal

Code.

The allegation against the petitioner is that he was part of a gang which committed loot and theft and was also involved in the present case where

the informant’s bag containing Rs. 15,000/- has been snatched after assault with the butt of a pistol.

Learned counsel for the petitioner submitted that the FIR is against unknown but later on Chandan Kumar Yadav @ Chandan Yadav was arrested

in connection with Banka PS Case No. 169 of 2019 dated 16.03.2019 and he gave a so-called confessional statement implicating the petitioner also in

such crime which has resulted in the police making the petitioner accused in five other cases of similar nature. Learned counsel submitted that there is

no recovery from the petitioner in the present case and he was taken into custody on the same day when co-accused Chandan Kumar Yadav @

Chandan Yadav made his so-called confessional statement, i.e., on 16.03.2019 and in the present case he has been remanded on 30.07.2019. Learned

counsel submitted that in the present case Chandan Kumar Yadav @ Chandan Yadav has been granted bail by a co-ordinate bench by order dated

03.02.2020 in Cr. Misc. No. 5883 of 2020.

Learned APP submitted that Chandan Kumar Yadav @ Chandan Yadav has disclosed that the petitioner was also one of his associates in the

crime and, thus, the petitioner cannot plead innocence.

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 Bounsi PS Case No. 279 of 2018, 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 criminal activity, 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 cooperate or being absent on two consecutive dates, without sufficient cause, shall also

lead to cancellation of his bail bonds.

The application stands disposed off in the aforementioned terms.