Sudarshan Rai vs State Of Bihar

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.

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.

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.

Learned counsel for the petitioner submitted that besides not being named in the FIR, there is no recovery from 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 co-

accused Jai Prakash Tiwari and is in custody since 26.02.2020.

Learned APP submitted that the co-accused has taken the name of the petitioner and he was involved in 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 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 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.

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.

The application stands disposed off in the aforementioned terms.