Dilip Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48121 of 2024 Arising Out of PS. Case No.-53 Year-2024 Thana- KHAJAULI District- Madhubani ====================================================== Dilip Kumar Das, S/o Vishnudev Das, R/o vill - Balirajpur Tola, Bhaban Toli, P.S. - Babubarhi, Distt. - Madhubani, Presently resides at vill - Datuar, P.S.- Khajauli, Distt. - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kumari Pallavi, Adv.
For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 18-09-2024 Heard Ms. Kumari Pallavi, learned counsel for the petitioner and Mr. Satyendra Narayan Singh, learned counsel for the State.
2. The petitioner seeks regular bail, who is in custody in connection with Khajauli P.S. Case No. 53 of 2024 registered for the offence punishable under Section 414 of the Indian Penal Code.
3. The petitioner is said to be involved in theft of the motorcycle. The police on receipt of secret information conducted raid, however, noticing the police party, two persons including the petitioner, who were said to be seated in the motorcycle, succeeded in fleeing away after leaving the motorcycle. However, the petitioner was later on apprehended.
Patna High Court CR. MISC. No.48121 of 2024(3) dt.18-09-2024 2/3
4. Learned counsel for the petitioner submitted that, in fact, nothing has been recovered from the conscious possession of the petitioner. However, only on account of past criminal antecedent, the name of the petitioner has been implicated. It is further contended that the motorcycle in question was recovered near the bank of river Dhar and the seizure list also fortified the aforesaid contention. The witnesses to the search and seizure are also police personnel and it smacks mala fide on the part of the police. Be that as it may, now the petitioner has been incarcerated since 31.03.2024 and the investigation of the crime is complete.
5. On the other hand, learned counsel for the State opposed the bail application and submitted that the petitioner bears three criminal antecedent and the recovery of the stolen motorcycle has been made from his possession.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the crime in question is triable by the Magistrate and the investigation of the crime is complete and the charge-sheet has been submitted, coupled with the infirmities shown in the search and seizure, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of
Patna High Court CR. MISC. No.48121 of 2024(3) dt.18-09-2024 3/3 the like amount each to the satisfaction of learned I/C C.J.M., Madhubani in connection with Khajauli P.S. Case No. 53 of 2024, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(Harish Kumar, J) rohit/- U T