Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9218 of 2019 Arising Out of PS. Case No.-440 Year-2018 Thana- PATNA CITY CHOWK District- Patna ====================================================== RAHUL KUMAR aged about 25 years Gender-Male Vrijnandan Rajak Resident of Village-Dhanchhua, P.S.-Chouri District Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-04-2019 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 379 and 34 of the Indian Penal Code.

Allegation against the petitioner is of committing theft of motorcycle of Informant and thereafter selling it. FIR is against unknown.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on mere suspicion. Petitioner is not named in the FIR. Petitioner has not been put on TIP till date. It has been further submitted that the petitioner was unaware that the goods which were kept by the wife of co-accused Bunty in his house were stolen one. Petitioner has got no criminal antecedent and is in custody since

Patna High Court CR. MISC. No.9218 of 2019(2) dt.03-04-2019 2/2 10.11.2018.

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/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Chouk P.S. Case No. 440 of 2018, with following 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 the Court and his/her absence on two consecutive dates without sufficient reason, his/her 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 at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U