Mritunjay Shukla @ Mirtunjay Shukla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56698 of 2021 Arising Out of PS. Case No.-547 Year-2020 Thana- ARA NAGAR District- Bhojpur ====================================================== Mritunjay Shukla @ Mirtunjay Shukla S/O Vishnu Shankar Shukla R/O Village-Shuklapura, P.S-Ara Muffisal, District-Bhojpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh, Adv For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-01-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State in virtual Court proceeding. The petitioner seeks bail in connection with Ara Nagar P.S.Case No.547 of 2020 registered for the offence under Sections 379 and 411 of the Indian Penal Code. The prosecution case, in short, is that the informant had parked his motorcycle in Mahajan Toil Gali near house of one Tikiji. When he came back after marketing he found that his motorcycle is not at place and was taken away by any unknown person. He searched all around than he felt that his motorcycle was stolen by unknown thief.

Patna High Court CR. MISC. No.56698 of 2021(2) dt.28-01-2022 2/3 Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. In fact the petitioner is not named in the FIR. Nothing has been recovered from the conscious possession of the petitioner. He further submits that the petitioner was stand up near the motorcycle and the police has arrested the petitioner only on the basis of suspicion and the petitioner is in custody since 16.02.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, 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 learned Chief Judicial Magistrate-VIII, Bhojpur at Ara in connection with Ara Nagar P.S.Case No.547 of 2020 with 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

Patna High Court CR. MISC. No.56698 of 2021(2) dt.28-01-2022 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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) Nitesh/- U T