Ujjawal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52375 of 2021 Arising Out of PS. Case No.-208 Year-2021 Thana- KOTWALI District- Patna ====================================================== Ujjawal Kumar Son Of Late Ram Pravesh Rai R/V- Yarpur Yogiya Tola, P.S. Gardanibagh, Distt.- Patna.

... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Sinha For the Opposite Party/s :

Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-03-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in a case registered for the offences punishable under Sections 414, 420, 467, 34 of the Indian Penal Code.

The case relates to recovery of stolen motorcycle from the possession of petitioner and another.

Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that he has not committed any offence as alleged in the F.I.R. He further submits that nothing

Patna High Court CR. MISC. No.52375 of 2021(3) dt.31-03-2022 2/3 has been recovered from the conscious possession of the petitioner, rather the recovery has been made from the coaccused namely, Ranjan Kumar and he has disclosed that he had purchased the motorcycle in question from the petitioner as he was having inimical terms with the co-accused. He further submits that till date no TIP has been conducted by the prosecution and police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 23.05.2021.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail on the ground that petitioner carries two criminal antecedent other than the present one.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Kotwali P.S. Case No. 208 of 2021, G.R. No. 3117 of 2021, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date

Patna High Court CR. MISC. No.52375 of 2021(3) dt.31-03-2022 3/3 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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T