Ram Tahal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8319 of 2024 Arising Out of PS. Case No.-513 Year-2023 Thana- GOPALPUR District- Bhagalpur ====================================================== Ram Tahal Kumar, Son of Late Yogendra Singh, Resident of Village-Latra, Vishanpur, P.S.-Harinmar, District-Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Pandey, Adv.

Mr. Ved Prakash Chandan, Adv.

For the Opposite Party/s :

Mr. Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-02-2024

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Gopalpur P.S. Case No. 513 of 2023 dated 22.10.2023 registered for the offence punishable under Section 392 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner is a young person, having fair and clean antecedent and against him, the investigation has been completed and two co-accused persons, namely, Malik Kumar Jha and Bishal Kumar, carrying similar nature of allegation, have been granted bail by different benches of this Court vide orders passed in Cr. Misc. Nos. 6472/2024 and 7676/2024 respectively.

Patna High Court CR. MISC. No.8319 of 2024(2) dt.19-02-2024 2/3

4. Learned APP appearing for the State has opposed the bail prayer.

5. Heard both the sides. Though as per the order impugned, the looted vehicle was recovered during investigation at the instance of this petitioner however the petitioner is said to be a young person and against him, the investigation has been completed and he has fair and clean antecedent, in my opinion, in the said circumstances, the petitioner deserves to a lenient approach of this Court. Accordingly, let the petitioner namedabove be released on bail after framing of charge on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Gopalpur P.S. Case No. 513 of 2023, on following conditions : - (i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the trial court and shall remain physically present as directed by the trial court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the trial court.

(ii) If the petitioner tampers with the evidence or the witnesses then the prosecution will be at liberty to move for

Patna High Court CR. MISC. No.8319 of 2024(2) dt.19-02-2024 3/3 cancellation of bail.

(iii) One of the bailors shall be a close relative of the petitioner who has sworn affidavit in this miscellaneous petition. (iv) The trial court will verify the criminal antecedent of the petitioner but acceptance of bail bond will not be delayed on account of process of verification of the said criminal antecedent. If any criminal antecedent of the petitioner is found then the trial court shall take strict action against him by cancelling his bail bond.

(Shailendra Singh, J) annu/- U T