Mitesh Kumar @ Mitesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31988 of 2022 Arising Out of PS. Case No.-722 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== Mitesh Kumar @ Mitesh Kumar Yadav S/o jay Prakash Yadav Resident of Village- Pratappur, P.s. Semra, District- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Harendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within a period of four weeks from today. Petitioner seeks bail in a case registered for the offences punishable under Sections 379, 411 of the Indian Penal Code.

According to prosecution case, on 24.12.2021 the informant getting stand of his motorcycle near the V-Mart at Bettiah for purchasing blankets but on coming from marketing he found his motorcycle is missing the details of motorcycle is given in the F.I.R.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.31988 of 2022(2) dt.31-08-2022 2/3 petitioner is innocent and he has falsely been implicated in the present case. He further submits that petitioner apprehended in Bhairoganj P.S. Case No. 692 of 2021 under Section 30(a) of Bihar Prohibition and Excise Act and the petitioner was remanded in the present case on 24.01.2022. He further submits that in fact nothing has been recovered from the conscious possesion of the petitioner, rather the police has planted the same and shown the recovery from the possession of the petitioner. He further submits that the police after investigation submitted the charge sheet against the petitioner. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries one criminal antecedent other than the present one.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned Court below where the case is pending in connection with Bettiah Town P.S. Case No. 722 of 2021, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and

Patna High Court CR. MISC. No.31988 of 2022(2) dt.31-08-2022 3/3 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.

3. 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) mdrashid/- U T