Rohit Kumar @ Buchi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30917 of 2023 Arising Out of PS. Case No.-169 Year-2022 Thana- KHODAWANDPUR District- Begusarai ====================================================== Rohit Kumar @ Buchi S/O Laxmi Mahto R/O Village- Sakrauli, P.SCheriyabariyarpur, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Khodawandpur P.S. Case No. 169 of 2022 registered for the offence under Section 379 of the Indian Penal Code. The accused/petitioner is not named in the F.I.R. and is in custody since 12.12.2022.

The allegation against this petitioner is to commit theft alongwith other co-accused persons and while committing so taken away motorcycle belongs to informant, where occurrence alleged to be taken place while participating in a marriage party.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.30917 of 2023(2) dt.04-07-2023 2/3 submitted that alleged stolen motorcycle was not recovered from the possession of this petitioner and he was remanded in present case from Khodawandpur P.S. Case No. 81 of 2022 on the basis of self confession for the reason that petitioner is named with seven more criminal cases, where he is on bail in six cases, where in maximum of the cases, his name surfaced on the basis of confession, as of the present case. While concluding the argument, it has been submitted that investigation of this case is completed, for which charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as alleged stolen motorcycle not appears to be recovered from the possession of this petitioner, where he was remanded in present case out of self-confession, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 12.12.2022, accordingly the petitioner, above named, is directed to be released on bail in connection with Khodawandpur P.S. Case No. 169 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-

Patna High Court CR. MISC. No.30917 of 2023(2) dt.04-07-2023 3/3 Divisional Judicial Magistrate, Manjhaul, DistrictBegusarai/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C., with further conditions:

"(i) That accused/petitioner shall not involve in any nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the trial Court till conclusion of the trial and exemption from physical appearance be allowed by the trial Court, only on medical ground of the petitioner, duly supported by the documents.

(iii) That one of the bailors shall be deponent of the present bail petition."

(Chandra Shekhar Jha, J) Archana/- U T