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Patna High CourtCR. MISC./39326/2021bail granted

Lallu Kumar v. The State Of Bihar

2021-10-01Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39326 of 2021 Arising Out of PS. Case No.-256 Year-2020 Thana- DEEPNAGAR District- Nalanda ====================================================== Lallu Kumar aged about 23 years Son of Yadu Chaudhary R/o VillageChamhera, P.S.- Ekangarsarai, District- Nalanda. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajeev Kumar, Advocate For the Opposite Party :

Mr. Parmeshwar Mehta, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-10-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 379 of the Indian Penal Code.

As per the prosecution case, informant's tractor and trailor were stolen by some unknown miscreants. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner's name has figured during course of investigation in confessional statement of co-accused Lakshman Kumar. Petitioner is in custody since 21.1.2021. Similarly situated co-accused has already been allowed bail by a co-ordinate bench of this Court vide paragraph 14 of the bail petition.

Patna High Court CR. MISC. No.39326 of 2021(2) dt.01-10-2021 2/2 Considering the facts and circumstances of the case, let the petitioner, mentioned above, 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 Chief Judicial Magistrate, Nalanda at Biharsharif in Deepnagar Police Station Case No. 256 of 2020 on the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her 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) Shashi U T