Raj Kishore Prasad @ Rajkishore v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13439 of 2019 Arising Out of PS. Case No.-64 Year-2018 Thana- BISHWAMBHARPUR DistrictGopalganj ====================================================== RAJ KISHORE PRASAD @ RAJKISHORE, Son of Rambelas Sah, aged about 52 years (M), Resident of Village -Mathiya Dayaram, P.S.-Kuchaikote District. Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Yogendra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-03-2019 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Bishambharpur P.S. Case No. 64 of 2018 G.R. No. 2232 of 2018, registered for the offences punishable under Sections 414, 420, 467, 468 and 471 of the Indian Penal Code. Allegation against petitioner is of manipulating the Chasis number and other features of the vehicle and is involved in the business of sale and purchase of stolen motorcycle after preparing forged documents.
It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case on mere suspicion and previous
Patna High Court CR. MISC. No.13439 of 2019(2) dt.07-03-2019 2/3 enmity. Similarly placed co-accused Ashok Prasad has been granted bail by co-ordinate bench of this court vide order dated 28.02.2019 passed in Cr. Misc. No. 12444 of 2019.. Petitioner is in custody since 05.12.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, X, Gopalganj, in connection with Bishambharpur P.S. Case No. 64 of 2018, G.R. No. 2232 of 2018, subject to conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be
Patna High Court CR. MISC. No.13439 of 2019(2) dt.07-03-2019 3/3 at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Rajiv/- U T