Patna High CourtCR. MISC./9053/2024bail granted

Uttam Kumar v. The State Of Bihar

2024-02-20Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9053 of 2024 Arising Out of PS. Case No.-687 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Uttam Kumar S/O Sanjay Sah R/O Village-Mahadeo Math, P.S.-Mahua, Distrit-Vaishali At Hajipur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Niranjan Parihar, Adv.

For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mahua P.S. Case No. 687 of 2023 instituted for the offences under Section 413, 414 of the Indian Penal Code.

3. As per prosecution case, the police, on receipt of secret information, proceeded towards the place of occurrence for verification and saw that one boy with Splendor motorcycle and another with Glamour motorcycle were gossiping with each other. On seeing the police party, they attempted to flee away from there but, were caught. On query, they disclosed their names as Aftab Alam and Uttam Kumar (the petitioner). They

Patna High Court CR. MISC. No.9053 of 2024(2) dt.20-02-2024 2/3 also disclosed that the Splendor motorcycle was of stolen one and one master key was recovered from the possession of the accused Aftab Alam.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has four criminal antecedents in which he is on bail. The petitioner is languishing in judicial custody since 21.10.2023 and Charge-sheet has been submitted in this case.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mahua P.S. Case No. 687 of 2023, subject to conditions that; (i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.9053 of 2024(2) dt.20-02-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) rishi/- U T