Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18089 of 2020 Arising Out of PS. Case No.-585 Year-2019 Thana- PATLIPUTRA District- Patna ====================================================== RAJA KUMAR Son of Shashi Kant Yadav Resident of Mohalla - Indrapuri, Road No. 10, Near Udai Chowk, P.S.- Patliputra, Distt - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jagnnath Singh For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-06-2020 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 457 and 380 of the Indian Penal Code.

Informant in his written complaint has alleged that on 16.12.2019 at about 11:00 pm informant went to sleep in the upper floor of the house after closing the door and on 17.12.2019 at about 5:00 am when he woke up and tried to open the door, he found the door locked from outside and after breaking the door he came out and found Led TV wrist watch, school bags, motorcycle and jewellery of gold and silver has been stolen. He raised suspicion upon his neighbour Chandeshwar Prasad Yadav.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.18089 of 2020(2) dt.11-06-2020 2/3 petitioner is innocent and has been falsely implicated in this case at the instance of the enemies of his father. Petitioner is 50% physically handicapped as would be evident from the perusal of Annexure-2 (Disability Certificate). No incriminating article has been recovered from the possession of petitioner. Petitioner has got no criminal antecedent and is in custody since 18.01.2020.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Patliputra P.S. Case No. 585 of 2019, with following conditions:- (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/her absence on two consecutive dates without sufficient reason, his/her 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 case, prosecution will be at

Patna High Court CR. MISC. No.18089 of 2020(2) dt.11-06-2020 3/3 liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U