Umesh Kumar @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58291 of 2021 Arising Out of PS. Case No.-130 Year-2021 Thana- BAIRIYA District- West Champaran ====================================================== UMESH KUMAR @ RAKESH KUMAR S/o MEWALAL PRASAD YADAV R/o VILLAGE-TADHWANANDPUR, P.S-BAIRIYA, DISTRICTWEST CHAMPARAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr.Brajendra Nath Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-04-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Learned counsel appearing on behalf of petitioner is permitted to delete the statement made in paragraph No.8 of the bail application.

The petitioner seeks regular bail in connection with Bairiya P.S. Case No.130 of 2021, for the offence punishable under Section 379 of the Indian Penal Code.

The allegation is of recovery of stolen motorcycle bearing registration No. BR-22AF-1339 from the house of the petitioner.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.58291 of 2021(2) dt.27-04-2022 2/3 submits that the petitioner is innocent and he has no concern with the alleged motorcycle nor he is indulged in any manner in trade of stolen motorcycle. The petitioner is student having clean antecedent and he is in custody since 29.07.2021. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case and period of custody as well as nature of allegation made against the petitioner, without going into the merit of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 130 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty

Patna High Court CR. MISC. No.58291 of 2021(2) dt.27-04-2022 3/3 to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T