Om Prakash Ray @ Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35547 of 2020 Arising Out of PS. Case No.-37 Year-2020 Thana- JANDAHA District- Vaishali ====================================================== Om Prakash Ray @ Chhotu Kumar Son Of Virendra Chandra Ray @ Bulkan Ray, Resident of Village - Warishpur, P.S. - Bhagwanpur, District - Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parwej Khan For the Opposite Party/s :

Mr.Shailendra Kumar-1 ====================================================== 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 Jandaha P.S. Case No. 37 of 2020, registered for the offence punishable under Section 414 of the Indian Penal Code.

As per the prosecution case, this petitioner alongwith co-accused Mantun Kumar Ray was arrested with stolen tractor. It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case. It is further submitted that petitioner has nothing to do with the stolen tractor. He was simply travelling on the tractor due to "Bharat Band" on the day and he is in custody since 23-03-2020. Chargesheet has already been submitted in this case.

Patna High Court CR. MISC. No.35547 of 2020(2) dt.22-12-2020 2/2 In view of aforesaid facts and circumstances, the bail 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 learned Sub-Divisional Judicial Magistrate, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 37 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