Rohit Kumar vs State Of Bihar

The matter has been heard via video conferencing.

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.

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.

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.

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.

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.

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.

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 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.