Binod Das @ Vinod Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 3939 of 2020 Arising Out of PS. Case No.-81 Year-2019 Thana- NTPC District- Patna ====================================================== Binod Das @ Vinod Das, aged about 25 years, Gender- Male, S/o Rit Lal Das R/o village- Malikpur, P.S.- Fatehpur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap For the Opposite Party/s :

Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

29-01-2020 Heard learned counsel for the parties.

The petitioner seeks bail in N.T.P.C. P.S. Case No. 81 of 2019 registered for the offence under Sections 413, 414, 34 of the Indian Penal Code.

The prosecution case, in brief, is that the informant, who is an A.S.I. during patrolling, got a secret information that some miscreants are fleeing away after snatching a 'Swaraj Tractor' towards N.H.31 four lane. Thereafter, the police personnel reached there and all the four miscreants were apprehended, including the petitioner with the said tractor, and from their possession, three mobile phones and one key of tractor were recovered.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. It is further

Patna High Court CR. MISC. No.3939 of 2020(2) dt.29-01-2020 2/2 submitted that only a mobile phone was recovered from the possession of petitioner, which belongs to him. The petitioner is in custody since 17-10-2019, having no criminal antecedent. Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri P.K. Tiwari, learned J.M. 1st Class, Barh, Patna in connection with N.T.P.C. P.S. Case No. 81 of 2019 on the following conditions:

"(1) Petitioner shall cooperate 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 on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T