Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30613 of 2023 Arising Out of PS. Case No.-643 Year-2022 Thana- BAKHTIYARPUR District- Patna ====================================================== Kamlesh Kumar S/O Vilash Singh Resident of Village- Mosimpur, P.S. Khusrupur, District- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Arun Sharma, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Bakhtiarpur P.S. Case No. 643 of 2022 registered for the offence punishable under Section 414 of the Indian Penal Code. As per prosecution case, the allegation against the petitioner is the recovery of one stolen motorcycle from the possession of the petitioner.

Learned counsel for the petitioner submits that the alleged motorcycle was not recovered from the petitioner and he was arrested on the basis of suspicion as he was spending time near the motorcycle which was parked. He is in jail custody since 23.12.2022. He has no criminal antecedent. He further submits that similarly situated co-accused, namely, Shilok Kumar has been granted bail vide order dated 24.05.2023 by co-ordinate Bench of this Court in Cr. Misc. No. 26843 of 2023. Charge-sheet has already been filed and there is no chance of absconding of the petitioner or tampering with

Patna High Court CR. MISC. No.30613 of 2023(2) dt.14-06-2023 2/2 the evidence.

Learned APP appearing for the State has opposed the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. III, Barh, in connection with Bakhtiarpur P.S. Case No. 643 of 2022, subject to 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

3. 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.

(Sunil Dutta Mishra, J) shweta/- U T