Patna High Court/55630/2023bail granted

Rakesh Kumar v. The State Of Bihar

2023-09-04Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55630 of 2023 Arising Out of PS. Case No.-169 Year-2023 Thana- RAMKRISHNANAGAR District- Patna ====================================================== RAKESH KUMAR S/O SRI SANJAY PRASAD R/O VILLAGEBANBARA, PS. CHIKSAURA, DISTT. NALANDA AT PRESENT RESIDENT OF VILLAGE- BARI-PAHARI, PS. AGAM KUAN, DISTT. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-09-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner, who is in custody since 29.03.2023 seeks bail, in connection with Ram Krishna Nagar P.S. Case No.169/2023, dated 15.03.2023, for the offences punishable under Sections 379 of the IPC but the charge sheet has been submitted under Sections 379 and 411 of the IPC.

3. According to prosecution case, the motorcycle of the informant was stolen away by some unknown persons.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that from perusal of the F.I.R., it appears that nothing incriminating has

Patna High Court CR. MISC. No.55630 of 2023(2) dt.04-09-2023 2/3 been recovered from conscious possession of the petitioner rather the recovery has been made from the road side and the petitioner was standing near the place of recovery. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 29.03.2023.

5. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

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 Smt. Komal Sandilya J.M. 1st class, Patna in connection with Ram Krishna Nagar P.S. Case No. 169/2023, subject to 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 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

Patna High Court CR. MISC. No.55630 of 2023(2) dt.04-09-2023 3/3 move for cancellation of bail.

3. 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) amit/- U T