Chandrama Kumar Gupta @ Chendrama Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56455 of 2024 Arising Out of PS. Case No.-222 Year-2024 Thana- RAMPUR District- Gaya ====================================================== Chandrama Kumar Gupta @ Chendrama Kumar Son of Late Ram Bharosa Sao Village- Dardha, Ps- Goh, Dist- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinod Kumar, Advocate For the Opposite Party/s :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-09-2024 Heard Mr. Vinod Kumar, learned counsel for the petitioner and Mr. Shantanu Kumar, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 12.05.2024 in connection with Rampur P.S. Case No. 222 of 2024, F.I.R. dated 11.05.2024 for the offences punishable under Sections 414, 420, 467 and 468 of the Indian Penal Code.
3. According to prosecution case, this petitioner was apprehended with a motorcycle which was a stolen motorcycle of one Rampravesh Singh.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that as per the allegation in the F.I.R, one motorcycle has been recovered from the possession of
Patna High Court CR. MISC. No.56455 of 2024(3) dt.25-09-2024 2/3 the petitioner and the same was stolen motorcycle and for that another case bearing Aurangabad P.S. Case No. 641 of 2024 was instituted and the petitioner was implicated in that case. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 12.05.2024.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries one criminal antecedent other than the present one.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned Chief Judicial Magistrate, Gaya in connection with Rampur P.S. Case No. 222 of 2024, subject to the following conditions:- i. 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.56455 of 2024(3) dt.25-09-2024 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. 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 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) Vanisha/- U T