Patna High CourtCR. MISC./78353/2018bail granted

Deepak Kumar v. The State Of Bihar

2019-01-24Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78353 of 2018 Arising Out of PS. Case No.-66 Year-2018 Thana- MOTIHARI RAIL P.S. District- West Champaran ====================================================== Deepak Kumar Son of Hakim Das Resident of Village - Chakwara,Ward No.1,P.S. Chakiya, Distt.-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lalan Kumar Verma For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Motihari Rail P.S. Case No. 66/2018 registered for the offence punishable under Sections 401 and 414 of the Indian Penal Code.

Informant has alleged that during the patrolling, he found three persons in a suspicious condition and they were apprehended and from their search, three mobiles were recovered which are said to be stolen mobile. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. After investigation, the police has submitted charge-sheet under Section 401 read with 34 of the IPC. Petitioner has no criminal antecedent and he is in custody since 16.08.2018.

Patna High Court Cr.Misc. No.78353 of 2018(2) dt.24-01-2019 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Railway Bettiah (West Champaran) in connection with Motihari Rail P.S. Case No. 66/2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) 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.

(S. Kumar, J) Sanjay/- U T