Rajesh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31895 of 2018 Arising Out of PS.Case No. -293 Year- 2017 Thana -RAJNAGAR District- MADHUBANI ====================================================== Rajesh Kumar Sah Son of Late Saryug Sah Resident of village- Ghat Bhatra, P.S. Bisfi, District- Madhubani .... .... Petitioner

Versus

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

For the Petitioner : Mr. Mrityunjay Kumar For the Opposite Party : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Raj Nagar P.S. Case No. 293 of 2017, G.R. No. 2309 of 2017, for the offences punishable under Section 394 of the I.P.C. The allegation against the petitioner is committing theft of motorcycle and in fact upon raid one looted motorcycle was also recovered from his possession.

The learned counsel for the petitioner submits that the stolen motorcycle recovered from the possession of the petitioner is not one which has been named in the F.I.R. It is further submitted that the petitioner is languishing in custody since 03.02.2018 as far as the present case is concerned. I have perused the record and the case diary and I find that as many as six cases are pending against the petitioner herein

Patna High Court Cr.Misc. No.31895 of 2018 (4) dt.19-07-2018 2/2 and he appears to be a habitual offender. In fact the looted motorcycle has also been recovered from the possession of the petitioner herein.

At this juncture, the Court had asked the learned counsel for the petitioner as to whether the petitioner is ready to furnish a cash security of Rs. one lakh for the purposes of grant of regular bail to which the learned counsel for the petitioner submits that the petitioner would definitely furnish cash deposit of Rs. one lakh. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri Vikas Jha, learned Judicial Magistrate 1st Class, Madhubani, in connection with Raj Nagar P.S. Case No. 293 of 2017, G.R. No. 2309 of 2017, subject to furnishing cash deposit of Rs. one lakh in the Nazarat of the court below.

It is needless to state that the cash security being furnished by the petitioner herein would be subject to the final outcome of the case.

(Mohit Kumar Shah, J) S.Sb/- U T