Dinesh Sah @ Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28095 of 2021 Arising Out of PS. Case No.-19 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== DINESH SAH @ DINESH KUMAR S/o America Sah R/o VillageJagdishpru, Vriti Tola, P.S.- Jagdishpur, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Narendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-12-2021 Heard the learned counsel for the petitioner and Sri Narendra Kr. Singh, the learned APP for the State. The petitioner seeks regular bail in connection with Majhaulia PS case no. 19 of 2020 instituted for the offences punishable under Sections 392, 412, 413 of Indian Penal Code. The allegation is regarding the petitioner having been apprehended by the police and a stolen motorcycle was recovered from his possession.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case on account of his bad criminal antecedent, since he is an accused in several cases but nonetheless, he is on bail in all the cases. It is further submitted that the petitioner is ready to abide by such conditions as may be imposed upon him for the purposes of grant of bail.

Per contra, the learned A.P.P. for the State has

Patna High Court CR. MISC. No.28095 of 2021(2) dt.07-12-2021 2/2 vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of bail, however subject to certain conditions. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of C.J.M., Bettiah, West Champaran in connection with Majhaulia PS case no. 19 of 2020.

It is further directed that the petitioner shall mark his presence before the officer-in-charge of the concerned police station at 10 am on every Monday, starting from the day he is released on bail, and in case of failure to do so on two consecutive occasions, the present privilege of bail shall stand cancelled automatically and the petitioner shall be taken into custody forthwith.

(Mohit Kumar Shah, J) rinkee/- U T