Rahul Kewat @ Ravi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5813 of 2017 Arising Out of PS.Case No. -37 Year- 2016 Thana -BIND District- NALANDA (BIHARSHARIFF) ====================================================== Rahul Kewat @ Ravi, S/o Lalbabu Kewat@ Bechan Kewat, resident of Village- Malahi Pakari, P.S.- Kankarbagh, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Satya Prakash, Advocate. For the Opposite Party : Mr. Sri Awadhesh Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 03.03.2016 in connection with Bind P.S. Case No. 37 of 2016 for the offences instituted under Section 414 of the IPC.

The prosecution story, in brief, is that the stolen motorcycle was recovered from conscious possession of the petitioner.

Earlier the bail application of the petitioner was rejected vide Cr. Misc. No. 20896 of 2016 with an observation "for the present".

A report was called for from the court below regarding the stage of the case. It has been reported that not a single witness could be examined till date as the accused have not been produced

Patna High Court Cr.Misc. No.5813 of 2017 (3) dt.15-03-2017 2/2 from the jail. An explanation has also been called for from the Jail Superintendent for non-production of the accused. It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.03.2016 and the charges have already been framed. The petitioner had no knowledge that the recovered article happens to be a stolen property. There is no compliance of Section 100 Cr. P.C. There is no allegation of tampering of the witnesses alleged against the petitioner. The other co-accused has been granted bail by this Court vide Cr. Misc. No. 1452 of 2017.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 the learned C.J.M., Nalanda at Biharsharif in connection with Bind P.S. Case No. 37 of 2016. The petitioner shall co-operate during the trial. If the petitioner remains absent himself on two consecutive dates, the court below shall be at liberty to cancel the bail bond of the petitioner.

U.K./- (Sudhir Singh, J) U T