Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1693 of 2021 Arising Out of PS. Case No.-247 Year-2019 Thana- BHAGWANPUR District- Vaishali ====================================================== RAJA KUMAR Son of Chandraket Rai Resident of Village- Dighi Khurd, P.S.- Hajipur Sadar, District Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-05-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State through video conferencing.

The petitioner seeks bail in Bhagwanpur P.S. Case No. 247/2019 registered for the offences punishable under Sections 379 of the Indian Penal Code.

As per the prosecution case, some unknown miscreants committed theft of motorcycle of the informant. It is submitted on behalf of the petitioner that petitioner is not named in the F.I.R. and he has been remanded in this case on the basis of his own confessional statement recorded in Lalganj P.S. Case No. 332 of 2019. It is further submitted that stolen motorcycle has been recovered from the possession of co-accused Akrit Kumar. It is next submitted that

Patna High Court CR. MISC. No.1693 of 2021(3) dt.03-05-2021 2/2 similarly situated co-accused Shekhar Rai has already been granted bail by this Hon'ble High Court vide order dated 28.08.2020 passed in Cr. Misc. No. 22225/2020. Considering the aforesaid facts and circumstances, the bail petition of the petitioner is allowed. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Bhagwanpur P.S. Case No. 247/2019, subject to 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 on his absence on two consecutive dates without sufficient reason, his bail-bonds shall be cancelled by the Court below.

(2) If the petitioner tempers 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) Saif/- U T