Jitu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33231 of 2022 Arising Out of PS. Case No.-226 Year-2021 Thana- KARPI District- Jehanabad ====================================================== Jitu Kumar Son of Arun Rawani @ Arun Chandrawanshi Resident of Village - Rampurchay , Usari, P.s.- Karpi, Distt.- Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-09-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State in virtual court proceeding. Petitioner seeks bail in a case registered for the offences punishable under Sections 379, 511 of the Indian Penal Code but the police has submitted chargesheet under Sections 457 and 354 of the Indian Penal Code.

The prosecution case, in brief, is that the informant has brought Platina motorcycle from his maternal uncle Satyendra Mistry and parked the same at the door of his house without locking its handle. It is alleged that one the same day at about 1:30 in the night, he came out from his house for

Patna High Court CR. MISC. No.33231 of 2022(2) dt.02-09-2022 2/3 discharging urine and saw his motorcycle was found missing and he also saw that a person was taking away motorcycle by rolling and on alarm, he was caught hold and disclosed his name as Jitu Kumar.

Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely implicated in the present case. He further submits that the present F.I.R. was instituted against the petitioner with an allegation to steal the Platina Motorcycle. He further submits that during investigation the sister of the informant disclosed that nothing was stolen by the petitioner and the petitioner entered into her house and caught the hand of the sister of the informant and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 21.03.2022.

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

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees 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 Karpi

Patna High Court CR. MISC. No.33231 of 2022(2) dt.02-09-2022 3/3 P.S. Case No. 226 of 2021, with 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 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 witness, 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 antecedents, 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) Ibrar//- U T