Bittu Kumar @ Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39287 of 2022 Arising Out of PS. Case No.-171 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== BITTU KUMAR @ RANJEET KUMAR S/o Ramji Sah R/o villageTirhutiya Dubey Tikachhapar, P.S.- Chanpatia (Kumarbagh O.P.), DistrictWest Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State, through Virtual Court Proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Majhaulia P.S. Case No. 171 of 2022 registered for the offence under Sections 356 and 379 of the Indian Penal Code. The accused/petitioner is not named in the F.I.R. and is in custody since 14.03.2022.

The allegation against the petitioner is to commit theft and while committing so, taken away cash of Rs. 1,50,000/-. It is further alleged that the rider of motorcycle having Registration No. BR22 AS 4756 and occupant of Scorpio

Patna High Court CR. MISC. No.39287 of 2022(2) dt.30-09-2022 2/3 bearing Registration No. BR22P-5325, were involved in the present occurrence.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is not named in FIR, where, his name surfaced during course of investigation, as alleged involved motorcycle was registered in the name of his brother, namely, Anjesh Kumar. It is further submitted that recovered cash of Rs. 58,000/- belongs to father of this petitioner, as he received from selling of paddy. It is further pointed out that cash, alleged to be looted is without details and denominations and mere on the recovery of cash, which is otherwise, explained, petitioner cannot be connected with the present set of occurrence. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovered motorcycle stands in the name of brother of this petitioner, where, recovered cash is without details and denominations coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is

Patna High Court CR. MISC. No.39287 of 2022(2) dt.30-09-2022 3/3 directed to be released on bail in connection with Majhaulia P.S. Case No. 171 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran/concerned court, subject to the following conditions:

"(i)That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(iii) That one of the bailors of the petitioner shall be deponent of the present bail petition."

(Chandra Shekhar Jha, J) S.Katyayan/- U T