Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24648 of 2017 Arising Out of PS.Case No. -52 Year- 2017 Thana -SIWAN CITY District- SIWAN ======================================================

1. Bipin Kumar Son of Ashok Singh @ Ashok Patel Resident of Village - Baishakhi, Police Station - Sarai, O.P., District - Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghav Prasad, Advocate For the Opposite Party/s : Smt. Renuka Ratnakar, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-07-2017 Heard learned counsel for the petitioner and learned A.P.P.for the State.

Petitioner is in judicial custody since 28.01.2017 in connection with Siwan Town P.S.Case No. 52 of 2017 for offences alleged under Sections 413/34 of the Indian Penal Code. The prosecution case as lodged by the police personnel is that during course of checking the petitioner and two other accused persons were apprehended with a stolen motorcycle and on asking about the papers of motorcycle, the petitioner along with other co-accused failed to produce the same. It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. It has further been submitted that charge sheet has already been submitted, hence there is no chance of tampering with the prosecution evidence. The petitioner was apprehended in

Patna High Court Cr.Misc. No.24648 of 2017 (3) dt.24-07-2017 2/2 the present case but after his arrest, on his own confessional statement he has been made accused in six other cases of the same Siwan Town Police Station. It is submitted that one of the coaccused, who was apprehended along with the petitioner, has since been granted privilege of bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 28946 of 2017 on 03.07.2017 on similar allegations.

However, learned A.P.P. for the State submits that six more cases are pending against the petitioner as such, opposes the prayer for bail.

Considering the facts and circumstances, the petitioner, above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- ( Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Siwan Town P. S. Case No. 52 of 2017, subject to the conditions that one of the bailors would be a close relative of the petitioner and he will appear before the learned Court below on each and every date and failure to appear before the learned Court below on three consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J) Sudha/- U T