Patna High CourtCR. MISC./35808/2021bail granted

Sailesh Kumar v. The State Of Bihar

2021-09-16Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35808 of 2021 Arising Out of PS. Case No.-934 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== Sailesh Kumar Son Of Acchelal Sahani R/O Village- Majahar, P.STurkauliya, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-09-2021 This matter is taken up for consideration through Video Conferencing.

Heard both parties.

The petitioner seeks bail in Turkauliya (Banjariya) P.S. Case No. 934 of 2020, registered for the offence punishable under Sections 399, 402, 414/34 of the Indian Penal Code and sections 25(1-b)a, 26 and 35 of the Arms Act. As per the prosecution case, 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 and no stolen motorcycle has been recovered from his possession. Petitioner claims clean antecedent and he is in custody since 30.12.2020.

Patna High Court CR. MISC. No.35808 of 2021(2) dt.16-09-2021 2/2 Chargesheet has already been submitted.

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 Chief Judicial Magistrate, East Champaran, Motihari in connection with Turkauliya (Banjariya) P.S. Case No. 934 of 2020, 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