Hemant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1073 of 2020 Arising Out of PS. Case No.-185 Year-2018 Thana- THAWE District- Gopalganj ====================================================== HEMANT KUMAR Son of Bhagwan Ram Resident of Village - Chitu Tola, Police Station - Thawe, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Singh For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-01-2020 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 414/34 of the Indian Penal Code.

Allegation against the petitioner is of recovery of stolen motorcycle from his possession.

It has been submitted on behalf of the petitioner that neither motorcycle has been recovered from his possession nor he has been apprehended on the spot. It has been submitted on behalf of the petitioner that the name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused Shatrughan Kumar from whose possession stolen motorcycle was recovered. Petitioner has got no criminal antecedent and is in custody since 02.10.2019.

Patna High Court CR. MISC. No.1073 of 2020(2) dt.20-01-2020 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Thawe P.S. Case No. 185 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U