Dharambir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52813 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- BITHAN District- Samastipur ====================================================== DHARAMBIR KUMAR S/o Manoj Kumar Mahto Resident of Village-Telni, Police Station-Bithan, District-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhimanyu Sharma, Adv.

For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Bithan P.S. Case No. 45 of 2023 registered for the offence under Sections 413, 414, 467, 468 and 34 of the Indian Penal Code. The petitioner is alleged to have been apprehended by the police having possession of a stolen motorcycle. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that on bare perusal of the F.I.R., it appears that the petitioner has been apprehended by the police having possession of stolen/looted motorcycle. He further submits that there is non-compliance of Section 100 Cr.P.C. He further submits that the police after investigation has submitted

Patna High Court CR. MISC. No.52813 of 2023(2) dt.22-08-2023 2/3 charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 25.04.2023. Learned counsel for the informant as well as learned A.P.P. for the State opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one.

Considering the facts and circumstances of the case, 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 Chief Judicial Magistrate, Samastipur in connection with Bithan P.S. Case No. 45 of 2023 with 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 canceled 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.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail

Patna High Court CR. MISC. No.52813 of 2023(2) dt.22-08-2023 3/3 bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T