Bikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19827 of 2022 Arising Out of PS. Case No.-45 Year-2021 Thana- UPHARA District- Aurangabad ====================================================== BIKASH KUMAR SON OF FULAN CHAUDHARY @ FULCHAND CHAUDHARI R/O VILLAGE AND P.S.- KONCH, DISTRICT- GAYA (BIHAR) ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kamlendra Pd. Singh For the Opposite Party/s :
Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-07-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Uphara P.S. Case No. 45 of 2021 registered for the offences punishable under Sections 379/34 of the Indian Penal Code. As per prosecution case, the informant gave an application before the Officer-in-charge of Uphara police station alleging therein that on 04.08.2021 at about 9 o'clock he proceeded for Mohaddipur Bazar from his house on motorcycle and when he reached near Dusiyani Khandha, all of a sudden he felt nature call as such he parked his motorcycle and after locking the handle of motorcycle he went to attend call of
Patna High Court CR. MISC. No.19827 of 2022(2) dt.12-07-2022 2/3 nature. In the meantime, one Bajrangi Kumar and Tiju Kumar came there and after breaking the lock of motorcycle they fled away with motorcycle. As per seizure list, the alleged motorcycle in question was recovered from possession of present petitioner.
Learned counsel for the petitioner submits that petitioner is not named in the FIR and name of petitioner has sprang up in this case on the self confessional statement of petitioner during course of investigation. Petitioner is in custody since 07.08.2021 and bears criminal antecedent of one case of similar nature in which he is on bail. Charge sheet has been submitted in the case and there is no likelihood of tampering the evidence. He further submits that while rejecting the prayer of bail of the petitioner the learned Sessions Judge has observed that there is confession of the petitioner but the same has no evidentiary value in the eyes of law. He further submits that alleged motorcycle in question has been recovered from compound of Panchanpur O.P. Seizure list has not been made as per law.
The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the
Patna High Court CR. MISC. No.19827 of 2022(2) dt.12-07-2022 3/3 case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering the evidence and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Aurangabad in connection with Uphara P.S. Case No. 45 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.
(iii) 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.
(Alok Kumar Pandey, J) shahzad/- U T