Mohan Ray @ Mohan Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58574 of 2021 Arising Out of PS. Case No.-174 Year-2020 Thana- SIRDALA District- Nawada ====================================================== MOHAN RAY @ MOHAN PANDEY SON OF CHHOTAN RAY @ VIRENDRA ROY R/O VILLAGE- DHIRAUDH, P.S.- SIRDALLA, DISTRICT- NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma, Adv.

For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-02-2022 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 through video conferencing. The petitioner seeks bail in connection with Sirdalla P.S. Case No. 174 of 2020 registered for the offence under Sections 413 and 414 of the Indian Penal Code. The case relates to recovery of five stolen motorcycles from the house of the F.I.R. named accused. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. In fact, nothing has been recovered

Patna High Court CR. MISC. No.58574 of 2021(2) dt.03-02-2022 2/3 from the conscious possession of the petitioner rather the alleged recovery has been made from the house of the coaccused, Dilip Prasad on whose confession, this petitioner has been implicated in this case. Moreover, the co-accused, namely, Niraj Pandey has already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 29.11.2021 passed in Cr. Misc. No. 5623 of 2021. The petitioner is rotting in judicial custody since 02.08.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries five more cases other than the present one. Considering the facts and circumstances of the case, let the, above named, petitioner 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, Nawada in connection with Sirdalla P.S. Case No. 174 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

Patna High Court CR. MISC. No.58574 of 2021(2) dt.03-02-2022 3/3 without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) 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.

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) brajesh/- U T