Laxmi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13775 of 2019 Arising Out of PS. Case No.-204 Year-2018 Thana- RAXAUL District- East Champaran ====================================================== LAXMI KUMAR, Son of Vishwanath Thakur Resident of Village- Sundarpur, Kushtha Colony, Police Station- Raxaul, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-04-2019 Heard learned counsel for the parties.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 457, 380 and 411 of the Indian Penal Code.

Informant has alleged that on 03.08.2018 when he return from his office he found that his household articles such as invertors, Desktop of Rs. 14,000/- and toy kit were stolen from his house and which was recovered from the vacant house of the co-accused Satya Narayan.

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.13775 of 2019(2) dt.04-04-2019 2/3 only on suspicion. He is not named in FIR. Nothing has been recovered from his possession. Petitioner has got no criminal antecedent and is in custody since 07.08.2018. 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 Trial Case No. 1627 of 2018 arising out of Raxaul P.S. Case No. 204 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.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that

Patna High Court CR. MISC. No.13775 of 2019(2) dt.04-04-2019 3/3 case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) manoj/- U T