Rajanikant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24602 of 2021 Arising Out of PS. Case No.-691 Year-2020 Thana- SITAMARHI District- Sitamarhi ====================================================== RAJANIKANT KUMAR S/O Late Yogendra Mahto Resident of Village - Chilraa Ward No. -2, P.S. - Sonbarsa District - Sitamarhi. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Uday Kumar, Advocate For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Sitamarhi P.S. Case No. 691 of 2020 registered for the offences punishable under Sections 414/34 of the Indian Penal Code and Sections 20/22 of the NDPS Act.

According to prosecution case, on 14.12.2020 the informant along with other police official during patrolling duty reached near Kanta Chowk and noticed that two persons riding on motorcycle started fleeing seeing the police party. The accused persons were apprehended by the police party and on

Patna High Court CR. MISC. No.24602 of 2021(2) dt.17-11-2021 2/3 search 1⁄2 kg ganja was recovered from each of the accused persons. After their disclosure house of the petitioner was raided and two stolen motorcycles were recovered.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and he has falsely been implicated in the present case. Learned counsel further submits that petitioner had purchased the said motorcycles from another persons after making payment and he had no knowledge that said motorcycles are stolen property. He has got no criminal antecedent and is in custody since 15.12.2020. It is further submitted that co-accused Sudhir Kumar has been granted bail by a co-ordinate Bench of this Court vide order dated 05.10.2021 passed in Cr. Misc. No. 27560 of 2021. Similarly, co-accused Shambhu Raut has been granted bail by a co-ordinate Bench of this Court vide order dated 16.11.2021 passed in Cr. Misc. No. 46153 of 2021. The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like

Patna High Court CR. MISC. No.24602 of 2021(2) dt.17-11-2021 3/3 amount each to the satisfaction of the learned Special Judge, Sitamarhi in connection with Sitamarhi P.S. Case No. 691 of 2020, subject to the following conditions:-

1. 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rajesh Kumar Verma, J) shahzad/- U T