Jitendra Kumar @ Jitendra Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38727 of 2022 Arising Out of PS. Case No.-95 Year-2022 Thana- NAUTAN District- West Champaran ====================================================== JITENDRA KUMAR @ JITENDRA MAHTO S/o Baidhnath mahto R/o Village - Kalibagh, Ward No. 4, P.S. - Bettiah Town (Kalibagh O.P.), District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-09-2022 Heard learned counsel for the petitioner and learned counsel for the State.
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 Nautan P.S. Case No. 95 of 2022 for the offences under Sections 401, 413, 414, 420, 467, 468, 471 of the Indian Penal Code.
As per the prosecution story, the police upon secret information reached at village Laxmipur and found that some miscreants had gathered there for transaction of stolen motorcycle. The police personnel reached near the miscreants,
2/4 upon seeing the police, they started fleeing but were apprehended. Further, upon search, one master key besides one vivo mobile phone with two SIM cards were recovered from the pocked of the petitioner. Accordingly, seizure list prepared and accused persons were arrested.
Learned counsel for the petitioner submits that so far as this petitioner is concerned, only allegation of recovery against him is master key and mobile. So far as motorcycles are concerned, it has been recovered from Deepak Chaudhary from house of Ramu Kumar.
Considering the fact that the petitioner is in custody since 24.2.2022, allegation is of recovery of key and mobile, charge-sheet stands submitted, this Court is inclined to grant him the privilege of bail after framing of the charges with conditions in view of the fact that he has number of cases under his belt.
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 J.M. 1st Class, Bettiah, West Champaran, in connection with Nautan P.S. Case No. 95 of 2022 subject to the following conditions:-
3/4 (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 leave his/her district(West Champaran) for a period of one months(s) after providing name and address and police station of his place of stay during the said period and he shall be duty bound to visit the police station (where he/she will stay) every week to mark his attendance;
(iv) upon return to his district, he shall visit the concerned police station every fortnight for the next six months to mark attendance;
(v) 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;
(vi) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at
4/4 liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Ajay Singh/RaviU T