Gaurav Kumar @ Mukesh Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29878 of 2022 Arising Out of PS. Case No.-20 Year-2021 Thana- MOKAMA RAIL P.S. District- Patna ====================================================== GAURAV KUMAR @ MUKESH PATHAK SON OF SHAMBHU PATHAK R/O VILLAGE- PAPRAUL, WARD NO.-3, P.S.- BARAUNI, DISTRICTBEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhim Kumar Yadav, Adv.

For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-08-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 379 of the Indian Penal Code and charge sheet has been submitted under Sections 379, 411, 414 of the Indian Penal Code.

The bag of the informant containing Lenovo laptop shoes and cash of Rs. 10,000/- is said to have been stolen away from the train.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has not been named in the F.I.R. but merely on the

Patna High Court CR. MISC. No.29878 of 2022(2) dt.24-08-2022 2/3 basis of confessional statement of the co-accused, Sudhanshu Kumar, he has been made accused in this case. He further submits that save and except confession of the coaccused, no cogent material has come during course of investigation against the petitioner. He further submits that, in fact, neither anything incriminating has been recovered from the conscious possession of the petitioner nor the petitioner has been put on T.I.P. by the prosecution as yet. The petitioner is rotting in judicial custody since 13.12.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries twenty more cases other than the present one.

Considering the facts and circumstances of the case, 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 Court below where the case is pending in connection with Mokama Rail P.S. Case No.

(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

Patna High Court CR. MISC. No.29878 of 2022(2) dt.24-08-2022 3/3 Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled 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.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T