Patna High CourtCR. MISC./4147/2024bail granted

Lalu Sonar @ Rahul v. The State Of Bihar

2024-02-05Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4147 of 2024 Arising Out of PS. Case No.-433 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== LALU SONAR @ RAHUL SON OF LT. GANESH PRASAD RESIDENT OF VILLAGE / MOHALLA - SHAHPUR, P.S. - SHAHPUR, DISTRICT - BHOJPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar, Advocate Ms. Priya Kumari, Advocate Mr. Prashant Sharma, Advocate Mr. Shivam Kumar, Advocate Mr. Anuranjan Patel, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-02-2024 Heard Ms. Priya Kumari, learned Counsel for the petitioner and learned Counsel for the State.

2. The petitioner is an accused in connection with Shahpur P.S. Case No. 433 of 2023 registered for the offences under section 379 of the Indian Penal Code lodged on 17.09.2023 by the informant, Dipu Kumar Gupta.

3. As per the prosecution story, the motorcycle of the informant was stolen on 16.09.2023 which he came to know on 17.09.2023 and accordingly, the FIR.

4. Subsequently, the motorcycle was recovered from the bushes at Kirani Chowk of the village and name of the petitioner came.

5. Ms. Priya Kumari, learned Counsel for the

Patna High Court CR. MISC. No.4147 of 2024(2) dt.05-02-2024 2/3 petitioner submits that nothing has been recovered from his conscious possession rather the recovery has been shown from the bushes, only because he has criminal antecedent of the same nature, has been implicated.

6. Learned APP for the State, on the other hand, opposes the prayer for bail stating that he has criminal antecedent.

7. Taking into account the submissions put forward by the parties as also the fact that the recovery is from the bushes, he is in custody since 20.10.2023 (as stated in paragraph 14 of the bail application), this Court is inclined to extend him privilege of bail.

8. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousands only) with two sureties of like amount each to the satisfaction of the learned A.C.J.M.-I, Bhojpur at Ara in connection with Shahpur P.S. Case No. 433 of 2023, subject to the following conditions-: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive

Patna High Court CR. MISC. No.4147 of 2024(2) dt.05-02-2024 3/3 dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every month for next one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

9. With the aforesaid observations, the bail application is allowed.

10. Before parting, this Court would like to put on record its word of appreciation for Ms. Priya Kumari, learned counsel for the petitioner for proper assistance rendered in the matter.

(Rajiv Roy, J) Neha/- U T