Rakesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35580 of 2020 Arising Out of PS. Case No.-134 Year-2020 Thana- KOPA District- Saran ====================================================== Rakesh Sah Son of Late Janardhan Sah Resident of Village - Piyano, P.S. - Kopa, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash For the Opposite Party/s :

Mr.Uma Shankar Pd. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-12-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Kopa P.S. Case No. 134 of 2020, registered for the offence punishable under Section 414 of the Indian Penal Code.

As per the prosecution case, the petitioner was arrested with stolen motorcycle.

It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case by the police. It is further submitted that though, petitioner has got criminal antecedent and he is accused in five cases, but he is on bail in all the cases. Petitioner is in custody since 23-06-2020. Chargesheet has already been submitted in this case. In view of aforesaid facts and circumstances, the bail

Patna High Court CR. MISC. No.35580 of 2020(2) dt.22-12-2020 2/2 application of petitioner is allowed. Let the above-named 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 Smt. Kiran Ojha, Judicial Magistrate 1st Class, Saran at Chapra in connection with Kopa P.S. Case No. 134 of 2020, on the following conditions: "(1) Petitioner shall cooperate 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 absence on two consecutive dates without sufficient reason, his 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 for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay/- U T