Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41585 of 2024 Arising Out of PS. Case No.-156 Year-2024 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Alok Kumar S/O Suba Yadav R/O village ratikhap, P.S. Amba, DisttAurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Rupa Kumari, Advocate For the Opposite Party/s :

Ms.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Aurangabad Town P.S. case No. 156 of 2024 instituted for the offences under Sections 379 and 411 of the Indian Penal Code.

3. Prosecution case, in short, is that the motorcycle of the informant was stolen by unknown person.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. Learned counsel further submitted that the allegation against the petitioner is that he was caught with the stolen motorcycle. Learned counsel further defended the petitioner by submitting that the petitioner had

Patna High Court CR. MISC. No.41585 of 2024(2) dt.19-06-2024 2/3 taken the said motorcycle from his friend Manish Kumar and, as such, the petitioner was not aware of the fact that the said motorcycle in question was stolen one. Learned counsel further submitted that T.I.P. has not been conducted till date. Learned counsel further submitted that petitioner has got no concern with the stolen motorcycle. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.02.2024 and has one criminal antecedent.

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

6. Considering the aforesaid facts and circumstances of the case, charge-sheet already being submitted as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Aurangabad Town P.S. case No. 156 of 2024 subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.41585 of 2024(2) dt.19-06-2024 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) 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.

(Rudra Prakash Mishra, J) Alok Verma/- U T