Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31814 of 2021 Arising Out of PS. Case No.-278 Year-2020 Thana- RAJGIR District- Nalanda ====================================================== Mukesh Kumar Son of Binod Rajbanshi Resident of Village- Arai Keshopur, P.S.- Atri, District- Gaya, presently residing at Rasalpur Ordinance Factory, Gate No. 1, O.S.-2, P.S.- Rajgir, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Onkar Nath For the Opposite Party/s :

Dr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

27-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Rajgir P.S. Case No. 278 of 2020 (G.R. No. 4456 of 2020), registered for the offence under Section 414 of the Indian Penal Code.

On the disclosure made by co-accused, a raid was conducted and a theft vehicle was recovered from the house of petitioner.

It is submitted on behalf of petitioner that the alleged vehicle was not stolen one, rather the same was purchased by this petitioner after paying of sum of Rs. 9,000/- to the coaccused. Petitioner had no knowledge that the said vehicle was stolen one. Petitioner has got clean antecedent and he is in custody since 23.08.2020. Chargesheet has already been

Patna High Court CR. MISC. No.31814 of 2021(2) dt.27-08-2021 2/2 submitted.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances as well as period of custody and clean antecedent of the petitioner, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Rajgir P.S. Case No. 278 of 2020 (G.R. No. 4456 of 2020), on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his 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.) anay U T