Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5005 of 2021 Arising Out of PS. Case No.-67 Year-2019 Thana- SUGAULI RAIL P.S. District- West Champaran ====================================================== Bittu Kumar aged about 20 years Son of Sri Bharat Sah Resident of VillageVirti Tola, Jagdishpur, P.S.- (Nautan) Jagdihspur, Distt- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-03-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State.

The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 379 of the Indian Penal Code.

As per the prosecution case, motorcycle of the informant was stolen by some unknown miscreants. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case because of having criminal antecedent. No incriminating material has been recovered from the conscious possession of

Patna High Court CR. MISC. No.5005 of 2021(2) dt.26-03-2021 2/2 the petitioner. He is in custody since 3.1.2020. Considering the facts and circumstances of the case and the fact that the stolen motorcycle has not been recovered from the possession of the petitioner, let the petitioner, mentioned above, 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 Judicial Magistrate Railways, Bettiah West Champaran in Sugauli Rail Police Station Case No. 67 of 2019 on 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 without sufficient reason, his/her bail bond shall be cancelled 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.

(Prabhat Kumar Singh, J) shashi/- U T