Subodh Kumar @ Kheshari Lal v. The State Of Bihar

Patna High Court Cr.Misc. No.51741 of 2017 (2) dt.13-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51741 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -DANAPUR RPF POST District- BHOJPUR ====================================================== Subodh Kumar @ Kheshari Lal, Son of Mohan Yadav, Resident of Village- Mainpura, P.S.- Danapur, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Kumar Singh For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 25.08.2017 in connection with Danapur R.P.F. P.S. Case No. 02 of 2017 for the alleged offences under Section 3 R.P. (U.P) Act.

3. It is submitted that the petitioner has been falsely implicated in connection with theft of an Amplifier and other items from the godown of laboratory. It is submitted that the said godown had remained closed since 2014 and except suspicion there is no other material to connect the petitioner to the alleged occurrence. The petitioner's name was transpired on the confessional statement of co-accused Ajit Kumar @ Bauna @ Ajit Kumar Paswan @ Bauna and Md. Kasim @ Raju who have been granted bail by this Court in Cr. Misc. No. 24026 of 2017 and Cr. Misc. No. 25793 of 2017 respectively. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be

Patna High Court Cr.Misc. No.51741 of 2017 (2) dt.13-11-2017 released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Railway Judicial Magistrate, Bhojpur at Ara in connection with Danapur R.P.F. P.S. Case No. 02 of 2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T