Kishore Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27621 of 2020 Arising Out of PS. Case No.-614 Year-2019 Thana- SHERGHATI District- Gaya ====================================================== Kishore Kumar S/o Suresh Goswami @ Suresh Gosain Residence of VillageMohabbatpur, P.S-Sherghati, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mrs.Madhuri Lata,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

20-10-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Sherghati P.S. Case No. 614 of 2019 (G.R. No. 1713 of 2019), registered for the offence under Section 414/34 of the Indian Penal Code. On a secret information, a raid was conducted and one stolen Apachi motorcycle was recovered from the house of petitioner.

It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case only on the basis of confession of co-accused Rohit Kumar. Nothing has been recovered from the house of petitioner. In fact, alleged motorcycles were recovered from the house of co-accused Rohit Kumar. In this case, chargesheet has already been submitted. It

Patna High Court CR. MISC. No.27621 of 2020(2) dt.20-10-2020 2/2 is stated in paragraph - 3 of the petition that petitioner has got clean antecedent and he is in custody since 30-12-2019. Considering the aforesaid facts and circumstances, the bail application 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 Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with Sherghati P.S. Case No. 614 of 2019 (G.R. No. 1713 of 2019) 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 and shall remain physically present, as directed by the Court 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