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Patna High CourtCR. MISC./46369/2021bail granted

Lokesh Kumar Das v. The State Of Bihar

2022-03-21Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46369 of 2021 Arising Out of PS. Case No.-43 Year-2020 Thana- CHHABILAPUR District- Nalanda ====================================================== LOKESH KUMAR DAS Son of Baleshwar Das Resident of Village- Dhakni, P.S.- Neemchak Bathani, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kumar Ranjit Ranjan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 21-03-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner, who is in custody since 13.08.2020, seeks regular bail in connection with Chhabilapur P.S. Case No. 43 of 2020 dated 08.07.2020 registered for offences punishable under Section 392 of the Indian Penal Code.

F.I.R. is against unknown. Allegation is of snatching Rs. 50,000/- and one motorcycle bearing Registration No. BR21-7504. Learned counsel appearing on behalf of the petitioner submits that petitioner is not named in the F.I.R. and merely on suspicion, he has been remanded in this case from Chhabilapur

Patna High Court CR. MISC. No.46369 of 2021(3) dt.21-03-2022 2/3 P.S. Case No. 44 of 2020 on 13.08.2020. Nothing has been recovered from the conscious possession of the petitioner. Petitioner is in custody since 13.08.2020.

Learned A.P.P., for the State has opposed the prayer for grant of bail to the petitioner.

Considering the nature of allegation, period of custody of the petitioner as well as neither the motorcycle nor any money has been recovered from the possession of the petitioner and petitioner has not been identified by the informant, the petitioner, above named, is directed to be enlarged on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- Vth, Biharsharif, Nalanda in connection with Chhabilapur P.S. Case No. 43 of 2020 subject to the following conditions: (i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty

Patna High Court CR. MISC. No.46369 of 2021(3) dt.21-03-2022 3/3 to move for cancellation of bail of the petitioner. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.

(Purnendu Singh, J) Niraj/- U T