Jyotish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6453 of 2023 Arising Out of PS. Case No.-208 Year-2022 Thana- BHAWANIPUR District- Purnia ====================================================== JYOTISH KUMAR SON OF RAM LAL MANDAL R/O VILLAGECHHOTAY TOLA DHOBHA WARD NO.02, P.S.- RUPAULI, DISTRICTPURNIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Adv.

For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 29.11.2022 in connection with Bhawanipur (Akbarpur) P.S. Case No.208/2022, F.I.R. dated 21.08.2022, for the offence punishable under Section 392 of the Indian Penal Code. According to prosecution case, four unknown miscreants intercepted the informant and one Kanchan Kumar while they were going with his Pulsar motorcycle and looted away the motorcycle and cash of Rs. 5000/- and one mobile phone.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.6453 of 2023(2) dt.02-05-2023 2/3 implicated in the present case. He further submits that as per allegation in the F.I.R. the petitioner was caught red handed with the stolen motorcycle. He further submits that in fact the petitioner has purchased the motorcycle in question from other person and till date no T.I.P. has been conducted by the prosecution. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 29.11.2022. The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Purnia in connection with Bhawanipur (Akbarpur O.P.) P.S. Case No. 208/2022, subject to the following conditions:-

1. 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.6453 of 2023(2) dt.02-05-2023 3/3

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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T