Suddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16848 of 2021 Arising Out of PS. Case No.-291 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== Suddu Kumar Son of Chandra Shekhar Chaudhary @ Shekhar Chaaudhary Resident of Village - Chaksikandra, Chak Sikandar, P.S.- Bidupur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mishra, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-10-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 413/414 of the Indian Penal Code.

Police has recovered stolen motorcycle from the possession of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that police officials due to their vested interests have seized the bike of the petitioner. He submits that chargesheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner. He further submits that petitioner bears four criminal antecedent as

Patna High Court CR. MISC. No.16848 of 2021(3) dt.22-10-2021 2/3 stated in para-3 of the bail application and he is languishing in judicial custody since 08.08.2020.

Considering the facts and circumstances of the case and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bidupur P.S. Case No. 291 of 2020, subject to the conditions:

(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to inform the court if there is any change in the address of the petitioner.

(II) that the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bonds shall be liable to be cancelled. (III) that the petitioner will mark his attendance in the local police station in the first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond. (IV) that the bailor shall also stated on affidavit that

Patna High Court CR. MISC. No.16848 of 2021(3) dt.22-10-2021 3/3 he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. (Anjani Kumar Sharan, J) devendra/- U T