Raushan Kumar @ Harish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6812 of 2017 Arising Out of PS.Case No. -597 Year- 2016 Thana -KOTWALI District- PATNA ====================================================== Raushan Kumar @ Harish, S/o Anil Kumar, R/o Nasariganj Biscuit Factory More, P.S.- Danapur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rina Sinha, Advocate. For the Opposite Party/s : Mr. Tarun Prasad Mandal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-03-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Kotwali P.S. Case 597 of 2016 instituted for the offence under Section 379 of the Indian Penal Code.

It has been submitted that the petitioner has clean antecedent. He is in custody since 18.12.2016. It has come in the statement of the witnesses in the case diary that the petitioner was riding on the motorcycle of the informant but the petitioner has nothing to do with the motorcycle. In paragraph-3 of the bail petition it is mentioned that the petitioner has no criminal antecedent.

The learned A.P.P. has submitted that investigation has been completed and the charge sheet has also been submitted.

Patna High Court Cr.Misc. No.6812 of 2017 (6) dt.27-03-2017 2/2 As per the written report, the informant did not find the motorcycle on the place of parking, and during search, the alleged motorcycle was found in possession of the petitioner. In such circumstances, keeping in view the clean antecedent of the petitioner and the fact that the investigation has been completed, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna, in connection with Kotwali P.S. Case No. 597 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.

The petitioner is directed to remain physically present in court on each and every date of trial and any two subsequent defaults will result in cancellation of bail bonds in the court below.

(Sanjay Priya, J) S.Ali/- U T