Akrit Kumar @ Akrit @ Bittu Kumar @ Bittu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18798 of 2021 Arising Out of PS. Case No.-247 Year-2019 Thana- BHAGWANPUR District- Vaishali ====================================================== AKRIT KUMAR @ AKRIT @ BITTU KUMAR @ BITTU Son of Ram Ishwar Mahto Resident of Village - Goraul, P.s.- Goraul, Dist.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Jain For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Bhagwanpur P.S. Case No. 247 of 2019, registered for the offence punishable under Section 379 of the Indian Penal Code.

As per the prosecution case, some unknown miscreants committed theft of motorcycle of the informant. It is submitted on behalf of the petitioner that petitioner is not named in the FIR. Name of this petitioner has surfaced in this case on the basis of confessional statement of co-accused Raja Kumar. Similarly situated co-accused have been granted bail by different Benches of this Court vide order dated 25.02.2020 passed in Cr. Misc. No. 8237 of 2020, dated

Patna High Court CR. MISC. No.18798 of 2021(3) dt.19-07-2021 2/2 28.08.2020 passed in Cr. Misc. No. 22225 of 2020 and order dated 21.08.2020 passed in Cr. Misc. No. 16019 of 2020 vide Annexure-2. No stolen motorcycle has been recovered from possession of this petitioner and he is in custody since 17.10.2019.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged 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 Additional Chief Judicial Magistrate Ist, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 247 of 2019, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T