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Patna High CourtCR. MISC./30252/2021bail granted

Laxman Rajak v. The State Of Bihar

2021-08-13Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30252 of 2021 Arising Out of PS. Case No.-4 Year-2020 Thana- TELHARA District- Nalanda ====================================================== LAXMAN RAJAK Son of Hira Rajak Resident of Village - Chamehera, P.S.- Akenger Sarai, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-08-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 379 of the Indian Penal Code.

As per the prosecution case, unknown miscreants committed theft of tractor and dala of the informant. Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner came in this case only on suspicion. The petitioner was arrested on 28.10.2020 when he was going to purchase grocery and remanded in this case on 10.12.2020 on the basis of his confessional statement. No incriminating article has been recovered from the possession of petitioner. Petitioner is in custody since 10.12.2020.

Patna High Court CR. MISC. No.30252 of 2021(2) dt.13-08-2021 2/2 Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, 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 Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Telhara PS case No. 04/2020 on the following conditions:-

(1) 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 on his/ her absence on two consecutive dates without sufficient reason, his/her 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) BKS/- U T