Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8886 of 2024 Arising Out of PS. Case No.-23 Year-2023 Thana- MOTIHARI RAIL P.S. District- West Champaran ====================================================== Mukesh Kumar S/O Rajkumar Sah @ Doma Sah R/O Village- Chanpatiya, Ward No. 7, P.S- Chanpatiya, Distt.- West Champaran. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Motihari Rail P.S. Case No.23 of 2023, lodged on 02.09.2023, under Section 414 of the Indian Penal Code.
3. As per the prosecution, the FIR has been lodged against the petitioner with allegation that five mobile phones were recovered from his possession which are subject to theft.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the offence for which the petitioner has been charged is magisterial triable. Counsel submits that the petitioner is in custody since 03.09.2023 having no criminal
Patna High Court CR. MISC. No.8886 of 2024(2) dt.20-02-2024 2/3 antecedent.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Railway Magistrate, Bettiah, West Champaran, in connection with Motihari Rail P.S. Case No.23 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:
(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or
Patna High Court CR. MISC. No.8886 of 2024(2) dt.20-02-2024 3/3 promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T