Rajan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29241 of 2024 Arising Out of PS. Case No.-38 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== Rajan Kumar Son Of Omkarnath @ Omkarnath Gupta Resident Of Sugauli Bazar, Ward No.8, P.S. - Sugauli, District - East Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Adv.
For the Opposite Party/s :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Sugauli P.S Case No. 38 of 2024 registered for the offences punishable under Sections 414, 413, 420, 467 and 468/34 of the I.P.C
3. As per prosecution case, alleged stolen vehicle has been recovered from the house of petitioner Rajan Kumar and further it is alleged that petitioner has involved in sale and purchase of the stolen vehicle.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is
Patna High Court CR. MISC. No.29241 of 2024(3) dt.20-05-2024 2/3 further submitted that no incriminating article recovered from the conscious possessions of the petitioner. It is also submitted that one of the co-accused has already granted bail by the Co-ordinate Bench of this Court vide order dated 03.04.2024 passed in Cr. Misc. No. 22379 of 2024. It is next submitted that petitioner has got no criminal antecedent as stated in para 3 of the bail petition. It is also submitted that petitioner is in judicial custody since 27.01.2024.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Sugauli P.S Case No. 38 of 2024.
7. The trial court is directed to conclude the
Patna High Court CR. MISC. No.29241 of 2024(3) dt.20-05-2024 3/3 proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge. Further, Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the trial court till conclusion of the trial and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds (Ramesh Chand Malviya, J) Mayank/- U T