Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56912 of 2021 Arising Out of PS. Case No.-110 Year-2021 Thana- DERNI BAZAR District- Saran ====================================================== Raju Kumar Son of Ramadhar Rai Resident of Kakarhat Bhatwaliya, P.S.- Derni, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nagendra Kumar For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 05-04-2022 Let the defects, if any, be removed within four weeks from today.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered in connection with Derni P.S.Case No.110 of 2021 for the offences punishable under Sections 413, 414 of the Indian Penal Code. As per prosecution case, while checking of vehicle, the petitioner coming on a black motorcycle and seeing the police party, he tried to flee away, later on he was caught by the police. It is alleged that on interrogation, he disclosed that the said motorcycle was stolen property.

Learned counsel for the petitioner submits that the motorcycle in question was belong to one Prince Kumar, who

Patna High Court CR. MISC. No.56912 of 2021(2) dt.05-04-2022 2/3 sold it to Anand Kumar and thereafter the petitioner purchased the said motorcycle from Anand Kumar. In support of his submission document brought on record which is sale and purchase paper as contained in Annexure-2 to this petition. It is next submitted that except this motorcycle nothing incriminating article has been recovered from conscious possession of the petitioner. Petitioner has got clean antecedent and he is in custody since 09.07.2021.

The learned A.P.P opposed the prayer for bail of the petitioner.

Having heard the rival contentions of the parties and taking into consideration the fact that petitioner has purchased the stolen motorcycle and in support of the same, he produced purchase paper, apart from that petitioner has clean antecedent, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Chapra at Saran in connection with Derni P.S.Case No.110 of 2021, 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

Patna High Court CR. MISC. No.56912 of 2021(2) dt.05-04-2022 3/3 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) N.K/- U T