Kamal Jeet Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46114 of 2021 Arising Out of PS. Case No.-272 Year-2020 Thana- SHIVSAGAR District- Rohtas ====================================================== Kamal Jeet Singh Son Of Sheshnath Singh Resident Of Village - Majhui, P.S. Baddi O.P., Distt. - Rohtas.
... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Dineshwar Mishra, Advcoate For the Opposite Party/s :
Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-03-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by Stamp Reporter within two weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned APP for the State. The petitioner in the present case is seeking regular bail in connection with Sheosagar (Baddi) P.S. Case No. 272 of 2020 registered for the offences punishable under Sections 457/380 of the Indian Penal Code and chargesheet has been submitted under Sections 457, 380 and 411 of the Indian Penal code. He has remained in custody since 01.04.2021 and has no criminal antecedent.
Learned counsel for the petitioner submits that the informant in his written report alleged that from his house laptop and mobile have been stolen away on 09.09.2020 and he
Patna High Court CR. MISC. No.46114 of 2021(2) dt.02-03-2022 2/3 is submitting the written report on 12.09.2020 as he was not having the documents of the articles. The FIR has been lodged against unknown.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the FIR is against unknown and the petitioner is not involved in theft. The petitioner is in custody since 01.04.2021 and has no criminal antecedent. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
Having regard to the submission that the petitioner is a bonafide purchaser of the mobile phone which later on found to be stolen one, this petitioner is not involved in theft and he has got no criminal antecedent, he has remained in custody since 01.04.2021, investigation against him is complete and his presence may be secured in course of trial, this Court directs release of the petitioner above named on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Addl. C.J.M.-VI Rohtas at Sasaram in connection with Sheosagar (Baddi) P.S. Case No. 272 of 2020, subject to the condition as laid down under Section 437(3) Cr.P.C.
Patna High Court CR. MISC. No.46114 of 2021(2) dt.02-03-2022 3/3 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 steps 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. The application stands allowed.
(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.