Rohit Kumar Jha Alias Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6397 of 2021 Arising Out of PS. Case No.-102 Year-2020 Thana- SAHARGHAT District- Madhubani ====================================================== Rohit Kumar Jha alias Rohit Kumar S/o Kishore Jha Resident of Vill.- Hardiya, P.S.- Pupri, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shaishav Kumar For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

13-04-2021 Heard learned counsel for the parties through virtual mode.

The petitioner seeks bail in Saharghat P.S. Case No.102 of 2020, registered for the offence under Section 379 of the Indian Penal Code.

As per the prosecution case, on 24.08.2020 at about 7:00 PM, some unknown miscreants committed theft of motorcycle of the informant. During search, the informant came to know that on 11.08.2020, one another motorcycle of one Pravin Kumar Jha was also stolen from his darwaza. It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case due to political rivalry and no such stolen motorcycle has been recovered from the possession of petitioner. Petitioner has got clean antecedent and

Patna High Court CR. MISC. No.6397 of 2021(2) dt.13-04-2021 2/2 he is in custody since 30.08.2020.

Considering the period of custody coupled with the fact that petitioner has got clean antecedent, the bail application of petitioner is allowed. 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 A.C.J.M.-II, Benipatti (Madhubani) in connection with Saharghat P.S. Case No. 102 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his 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.) anay U T