Patna High CourtCR. MISC./47354/2023bail granted

Rahul Kumar v. The State Of Bihar

2023-08-03Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47354 of 2023 Arising Out of PS. Case No.-258 Year-2023 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Rahul Kumar Son Of Pappu Manjhi Village Nauranga P.S. Muffasil District Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath,Advocate For the Opposite Party/s :

Mr.Uday Chand Prasad,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 26.03.2023 in connection with Makhdumpur (Tehta) P.S. Case No. 258 of 2023, F.I.R. dated 25.03.2023 registered for the offence punishable under Sections 379 and 411 of the Indian Penal Code.

3. Allegation against the petitioner is that he has been caught hold red-handed with the stolen motorcycle.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. Further submits that the allegation as alleged in the FIR is false and fabricated

Patna High Court CR. MISC. No.47354 of 2023(2) dt.03-08-2023 2/3 and the petitioner has not committed any offence as alleged in the FIR. In fact the petitioner was standing near the place of occurrence and merely on the basis of suspicion the petitioner has been apprehended and he has been handed over to the police and the police, after investigation, submitted the chargesheet against the petitioner and the petitioner is in custody since 26.03.2023.

5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts, 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 Addl. Chief Judicial Magistrate, Jehanabad in connection with Makhdumpur (Tehta) P.S. Case No. 258 of 2023, with the following conditions:- (I) 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.

Patna High Court CR. MISC. No.47354 of 2023(2) dt.03-08-2023 3/3 (II) 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.

(III) 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