Suresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2783 of 2021 Arising Out of PS. Case No.-189 Year-2020 Thana- FATEHPUR District- Gaya ====================================================== Suresh Kumar son of Sheobrat Yadav Resident of Village- Kharhara, P.S. Fatehpur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-03-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Fatehpur P.S. Case No. 189 of 2020, registered for the offence under Sections 379, 414/34 of the Indian Penal Code.

As per the prosecution case, this petitioner alongwith two other accused persons were apprehended with a motorcycle, which is alleged to be stolen.

It is submitted on behalf of petitioner that nothing has been recovered from conscious possession of the petitioner. In fact, petitioner had purchased the said motorcycle from one Ankit Singh Rajput on a consideration money of Rs. 18,000/- (eighteen thousand) and petitioner had no knowledge that the said motorcycle was stolen. Petitioner has got clean antecedent and he is in custody since 12.08.2020. Chargesheet has already

Patna High Court CR. MISC. No.2783 of 2021(2) dt.09-03-2021 2/2 been submitted.

Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioner 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 learned ACJM IX, Gaya in connection with Fatehpur P.S. Case No. 189 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 below and shall remain physically present, as directed by the court below, 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