Patna High CourtCR. MISC./35621/2021bail granted

Akash Kumar v. The State Of Bihar

2021-09-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35621 of 2021 Arising Out of PS. Case No.-629 Year-2020 Thana- DIGHA District- Patna ====================================================== Akash Kumar Son of Vakil Ram Resident of Village- Bela Mahamadpur, P.S.- Dariyarpur, District- Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anjani Kumar Sinha For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

21-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Digha P.S. Case No. 629 of 2020, registered for the offence under Section 414 of the Indian Penal Code.

As per the prosecution case, the petitioner was apprehended with a stolen motorcycle.

It is submitted on behalf of petitioner that no incriminating article has been recovered from the possession of the petitioner. Petitioner was not aware that the alleged motorcycle was stolen one. Petitioner has got clean antecedent and is in custody since 04.12.2020. Investigation is complete. Learned A.P.P. for the State has opposed the bail petition.

Patna High Court CR. MISC. No.35621 of 2021(3) dt.21-09-2021 2/2 Considering the aforesaid facts and circumstances, 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 Sub-Divisional Judicial Magistrate, Patna in connection with Digha P.S. Case No. 629 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