Piyush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19935 of 2020 Arising Out of PS. Case No.-190 Year-2019 Thana- KHARIK District- Bhagalpur ====================================================== PIYUSH KUMAR Son of Rajendra Mandal Resident of Village - Ishakchak, P.S.- Ishachak, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mr. Anand Mohan Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Kharik P.S. Case No. 190 of 2019, registered for the offence punishable under Sections 414, 419, 420 and 34 of the Indian Penal Code. The informant alleged that one stolen motorcycle has been recovered from possession of this petitioner. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Nothing has been recovered from possession of this petitioner. Petitioner was simply standing there, where the alleged motorcycle has been

Patna High Court CR. MISC. No.19935 of 2020(2) dt.29-06-2020 2/2 recovered. The provision of section 100 Cr.P.C has not been followed. Entire allegation is false and concocted. Petitioner is in custody since 14.08.2019 having clean antecedent. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Ist, Naugachia, Bhagalpur in connection with Kharik P.S. Case No. 190 of 2019 subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T