Shekhar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38415 of 2022 Arising Out of PS. Case No.-366 Year-2021 Thana- GARDANIBAG District- Patna ====================================================== Shekhar Kumar Son Of Nawal Singh @ Raj Kumar Singh Resident Of Village- Kewali, P.S.- Dhanarua, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Murari Mishra, Advocate.
For the Opposite Party/s :
Mr. Vinod Shanker Modi, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-10-2022 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.
Heard Mr. Binod Murari Mishra, learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
The application for grant of bail to the petitioner, above named, who has been made accused and put behind the bar in connection with Gardanibag P. S. Case No. 366 of 2021 registered for the offences punishable under Section 379 of the Indian Penal Code.
The prosecution case is based on a written report filed by the informant alleging therein that on 21.09.2021, he had gone to hospital to enquire about the corona vaccination
2/4 after parking his Apache-160 motorcycle and when he returned from the hospital, he found that his motorcycle was stolen by some unknown persons.
Learned counsel appearing on behalf of the petitioner submitted that admittedly the F.I.R. has been instituted against unknown persons, however, later on three persons including the petitioner, who were riding on a motorcycle were apprehended and a case being Masudhi P. S. Case No. 725 of 2021 was registered under Sections 379, 411, 414 and 34 of the Indian Penal Code against all of them including the petitioner, however, later on, it was found that the said motorcycle was a stolen motorcycle in connection of which the present Gardanibag P. S. Case No. 366 of 2021 was registered, the name of the petitioner has also been remanded in the present case and he is in custody since 14.02.2022.
It is also submitted that the alleged stolen motorcycle was recovered from the possession of three persons, who were riding the said motorcycle and there is no allegation of theft against the petitioner and now the petitioner is in custody for more than six months, though, the investigation of the crime is already complete and charge sheet has been submitted.
3/4 opposes the bail application and submits that the petitioner was apprehended along with the stolen motorcycle. Regard being had to the submissions made on behalf of the parties and taking into account the period of incarceration and the fact that the stolen motorcycle was recovered from the possession of three persons, who are said to have been riding the motorcycle, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, XIV, Patna in connection with Gardanibag P. S. Case No. 366 of 2021, subject to the condition that one of the bailors will be the close relative of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.
(iv) In the event of default of two consecutive dates
4/4 without any cogent reason, his bail bonds will liable to be cancelled.
(v) 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 step for cancelling 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.
(Harish Kumar, J) shakir/- U T