Jitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12161 of 2019 Arising Out of PS. Case No.-163 Year-2018 Thana- CHAPRA RAIL P.S. District- Saran ====================================================== JITESH KUMAR, aged about 28 years, (M) S/o Ram Narayan Singh @ Jhapsi Singh Resident of Village- Ismailpur, Ward No. 9, P.S.- Sadar, DistrictVaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr.Rajiv Nayan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-03-2019 Heard learned counsel for the parties.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Section 379 of the Indian Penal Code.

Informant has alleged in FIR that while he was proceeding from Muzaffarpur to Aligarh by train, purse of his wife in which two mobile and cash of Rs. 25,000/- were kept was stolen.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case.

Patna High Court CR. MISC. No.12161 of 2019(2) dt.14-03-2019 2/3 FIR against unknown. Name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused, Akhilesh Kumar from whose possession the stolen mobile was recovered and he stated that same was purchased from petitioner. Petitioner has got no criminal antecedent and is in custody since 15.01.2019.

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 Chapra Rail P.S. Case No. 163 of 2018, with following condition:- (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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

Patna High Court CR. MISC. No.12161 of 2019(2) dt.14-03-2019 3/3

(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) manoj/- U T