Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40632 of 2020 Arising Out of PS. Case No.-70 Year-2020 Thana- NARAINPUR District- Bhojpur ====================================================== Suman Kumar aged about 20 years Son Of Siya Ram Singh Resident Of Village-Dumariya, Police Station-Agion (G), District-Bhojpur. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Prabhat Kumar Singh, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-02-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in a case registered for the offence punishable under sections 414/34 of the Indian Penal Code.

As per the prosecution case, three miscreants were arrested and one motorcycle was seized from them. One of them, namely, Manish Kumar disclosed that earlier they had sold one another stolen motorcycle to the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner's name has come in the case on the confessional statement of co-accused. Petitioner has got clean antecedent as stated in paragraph 3 of

Patna High Court CR. MISC. No.40632 of 2020(2) dt.23-02-2021 2/2 the bail petition. Charge sheet has already been submitted. Petitioner is in custody since 20.8.2020.

In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in Narayanpur Police Station Case No. 70 of 2020 on the following conditions:-

(1) Petitioner shall co-operate 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/her absence on two consecutive dates without sufficient reason, his/her 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) Shashi U T