Bablu Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6465 of 2021 Arising Out of PS. Case No.-493 Year-2020 Thana- BRAHMPUR District- Buxar ====================================================== BABLU PATEL S/O LATE BIJAYMAL CHOUDHARY R/O VILLAGE HENUA, P.S.- KRISHNA BARHAM, DISTRICT-BUXAR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Singh For the Opposite Party/s :

Mr.Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-06-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Brahmpur (Chakki OP) P.S. Case No. 493 of 2020, registered for the offence punishable under Section 414/34 of the Indian Penal Code. As per the prosecution case, on 15.09.2020 at 4.00 am, informant received secret information that a stolen motorcycle is kept in the house of co-accused Gupteshwar Prasad, upon such information, raid was conducted and one motorcycle was recovered from his house. On confession of Gupteshwar Prasad informant raided several other places and seven motorcycles were recovered from different places.

Patna High Court CR. MISC. No.6465 of 2021(3) dt.22-06-2021 2/3 It is submitted on behalf of the petitioner that no stolen motorcycle or other incriminating article has been recovered from possession of this petitioner. Co-accused Gupteshwar Prasad named this petitioner as one of his accomplices. Petitioner claims clean antecedent and he is in custody since 16.09.2020. Chargesheet has already been submitted.

Considering the facts and circumstances of the case and the fact that petitioner claims clean antecedent, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Brahmpur (Chakki OP) P.S. Case No. 493 of 2020, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.6465 of 2021(3) dt.22-06-2021 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T