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Patna High CourtCR. MISC./26508/2021allowed

Sanjeev Kumar v. The State Of Bihar

2021-07-30Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26508 of 2021 Arising Out of PS. Case No.-338 Year-2020 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Sanjeev Kumar Son of Gopali Ram Resident of Village - Barahiya, Dhanraj Tola, Ward No.8, P.S.- Barahiya, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Smt. Sahin Begam A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Sahebpur Kamal P.S. Case No. 338 of 2020, registered for the offence under Sections 379, 411 of the Indian Penal Code.

As per the prosecution case, this petitioner was apprehended with stolen motorcycle of the informant. It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case and motorcycle in question has been seized from the joint possession of the petitioner and co-accused Pappu Kumar. Petitioner claims clean antecedent and he is in custody since 07.11.2020. Learned A.P.P. for the State has opposed the bail

Patna High Court CR. MISC. No.26508 of 2021(2) dt.30-07-2021 2/2 petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Sahebpur Kamal P.S. Case No. 338 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, 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."

(Prabhat Kumar Singh, J.) anay/- U T