Dinesh Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14965 of 2022 Arising Out of PS. Case No.-436 Year-2020 Thana- BETTIAH CITY District- West Champaran ====================================================== DINESH KUMAR DAS S/O PARMESHWAR DAS R/o village- Banuchapar, P.S.- Muffasil (Banuchhaar O.P.), District- West Champaran at Bettiah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioner seeks regular bail in connection with Bettiah Town P.S. Case No. 436 of 2020 for the offence punishable under Section 414 of the Indian Penal Code and Sections 25(1-b)a and 26 of the Arms Act.

As per the allegation made in the F.I.R., while the police personnel were checking vehicles, the petitioner was apprehended with a country made katta loaded with one cartridge, a smart phone and a motorcycle.

Patna High Court CR. MISC. No.14965 of 2022(2) dt.15-06-2022 2/3 Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that the alleged motorcycle which was lying near the place of occurrence was left by the actual culprit who had fled away from the place of occurrence. The actual owner of the said motorcycle has not lodged any case against the petitioner. Petitioner is in custody since 17.07.2020. As such he deserves to be released on bail. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the nature of allegation and period of custody undergone by the petitioner, without going into the merits of the case , the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Bettiah at West Champaran in connection with Bettiah Town P.S. Case No. 436 of 2020, subject to the 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

Patna High Court CR. MISC. No.14965 of 2022(2) dt.15-06-2022 3/3 properly represented on each and every date fixed by the Court.

(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.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(5) The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically loose its force.

(Purnendu Singh, J) mantreshwar/- U T