Patna High CourtCR. MISC./1501/2020bail granted

Rakesh Kumar Singh v. The State Of Bihar

2020-03-20Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1501 of 2020 Arising Out of PS. Case No.-686 Year-2019 Thana- BANKA District- Banka ====================================================== RAKESH KUMAR SINGH Son of Bindeshwari Singh Resident of Village - Rajawar, P.S.- Rajoun, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-03-2020 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner seeks bail in a case registered under section 379 of the IPC.

Prosecution case is regarding theft of a motorcycle. Counsel for the petitioner submits that his implication is on basis of confessional statement of co-accused Amlesh Yadav which has led no recovery from the possession of petitioner. It is case of false implication and prior to the instant case, petitioner has no criminal antecedent.

It is further submitted that he is in custody since 01.11.2019.

Learned A.P.P. opposes the prayer for bail.

Considering the aforesaid submissions, prayer for bail

Patna High Court CR. MISC. No.1501 of 2020(3) dt.20-03-2020 2/2 is allowed.

Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate,Banka in Banka P.S. Case no. 686/2019 subject to the following conditions.

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) s.hassan/- U T