Rajesh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.31100 of 2015 (3) dt.02-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31100 of 2015 Arising Out of PS.Case No. -365 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rajesh Kumar S/o Motilal Sah vill. - Fatuhan, P.S. Kotwa, Distt. - East Champaran .... ............................................................... Petitioner

Versus

1. The State of Bihar .... .............................. Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Pramod Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-11-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Turkaulia P.S. Case No. 365 of 2015 registered for the offences punishable under Sections 413, 414 and 120B of the Indian Penal Code. Allegedly, during raid and search co-accused Ajijul Ansari was caught and one motorcycle was recovered from his house and he stated the name of his associates including the petitioner and thereafter, the petitioner was arrested and one motorcycle was also found near the shop of the petitioner.

Submission is of false implication and that that the petitioner has got no concern with the said motorcycle, he has been implicated at the instance of co-accused, there is no recovery from his conscious possession, he is handicapped person and he is earning his livelihood by selling 'BHUJA' at Harsiddhi Chauk. The petitioner neither can drive the motorcycle nor he has got any concern with the

Patna High Court Cr.Misc. No.31100 of 2015 (3) dt.02-11-2015 said motorcycle, the petitioner is suffering in custody since 12.05.2015 and, as such, he deserves sympathetic consideration to which the learned APP opposes by submitting that co-accused Ajijul has stated that he has sold the motorcycle through the petitioner. In the facts and circumstances stated above, considering that chargesheet has already been submitted against the petitioner and the motorcycle has not been recovered from his conscious possession, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Turkaulia P.S. Case No.

365 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.