Anand Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39197 of 2022 Arising Out of PS. Case No.-210 Year-2022 Thana- FATUA District- Patna ====================================================== ANAND PRAKASH S/O RAM VRKSH SINGH Resident of VillagePanapur, Dilawarpur, P.O.- Dilawarpur, P.S.- Bidupur, District- Vaishali (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-09-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing in view of the COVID 19.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is in judicial custody in connection with Fatuha P.S. Case No. 210 of 2022 for the offences under Sections 395 and 412 of the Indian Penal Code. As per the FIR, the allegation against the petitioner is that they stole the Mahindra pickup van of the informant and also cheated the informant.

Learned counsel for the petitioner submits that he was not named in the FIR but his name has come in the confessional

Patna High Court CR. MISC. No.39197 of 2022(2) dt.30-09-2022 2/3 statement of Chitranjan Kumar after which, he was arrested and a mobile was recovered from his possession which actually was purchased by him and accordingly, came to be implicated in this case. It is his last submission that he is a very poor farmer. Considering the fact that the petitioner is in custody since 9.5.2022 and he does not have any criminal antecedent as also chargesheet stands submitted, this Court is inclined to grant him the privilege of bail. If, however, it is found that he do have criminal antecedent, the bail order shall become infructuous. Let the petitioner be released on bail on furnishing bail bond of Rs. 15,000/- (Fifteen Thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.1st Patna City, in connection with Fatuha P.S. Case No. 210 of 2022 subject to the following conditions:- (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned

Patna High Court CR. MISC. No.39197 of 2022(2) dt.30-09-2022 3/3 police station every fortnight for next six months to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/Ajay Singh U T