Prakash Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6360 of 2021 Arising Out of PS. Case No.-74 Year-2020 Thana- DEODHA District- Madhubani ====================================================== Prakash Das Aged About 33 Years Son Of Biltu Das Resident Of Village Dhamiya Patti P.S Deodha District Madhubani ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.I.Kri.Srivastava, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-04-2021 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 sections 457, 380 and 411of the Indian Penal Code.

As per the prosecution case, the petitioner was caught while attempting to commit theft in the informant's house and later on he was handed over to the police.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation against this petitioner is of attempting to commit theft. However, no theft was committed. Petitioner has got clean antecedent and he is in custody since 5.8.2020. Considering the period of custody of the petitioner and

Patna High Court CR. MISC. No.6360 of 2021(2) dt.13-04-2021 2/2 the fact that he has got clean antecedent, 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 1st class, Madhubani in Deodha Police Station Case No. 74/2020/CR no. 1543 of 2020 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