Rishi Kapoor @ Rishi Kumar @ Chunchu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5091 of 2021 Arising Out of PS. Case No.-96 Year-2020 Thana- KARPI District- Jehanabad ====================================================== Rishi Kapoor @ Rishi Kumar @ Chunchu Aged About 28 Years Son Of Munni Seth Resident Of Village- Mohalla- Rajputtana Mohalla, Pani Tanki, Ward No.26, Dhantoliya, P.S.- Dehri- On- Son, District- Rohtas ... Petitioner

Versus

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

For the Petitioner :

Mr.Bhaskar Shankar, Advocate For the Opposite Party :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-04-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 457/380 of the Indian Penal Code.

As per the prosecution case, in the wee hours of 17.5.2020 some unknown miscreants committed theft of materials worth Rs.7 lacs from the house of the informant. Learned counsel for the petitioner submits that the petitioner is Gold smith by profession and runs a shop of ornaments and bought the ornaments from co-accused and had no knowledge that the said ornaments were stolen

Patna High Court CR. MISC. No.5091 of 2021(2) dt.06-04-2021 2/3 property. Petitioner's name has come in the case on the confessional statement of co-accused Gulsan Kumar. He is in custody since 6.6.2020.

Learned counsel for the State opposes the prayer for bail submitting that in course of investigation in para 63 of the case diary petitioner has confessed that he bought the stolen property which has also been recovered from his house. Considering the facts and circumstances of the case and the period of custody of the petitioner, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Arwal in Karpi Police Station Case No. 96 of 2020 on 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/her absence on two consecutive dates without sufficient reason, his/her 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

Patna High Court CR. MISC. No.5091 of 2021(2) dt.06-04-2021 3/3 for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T