Rama Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 9129 of 2021 Arising Out of PS. Case No.-158 Year-2020 Thana- PATEPUR District- Vaishali ====================================================== RAMA KUMAR SON OF KHAKHAN RAY VILLAGE KISHANPUR TELOUR PS GAROUL (KATAHAR O.P.), DISTRICT VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Anish Chandra, Advocate For the Opposite Party/s :

Mr Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 08-07-2021 This case has been taken up for consideration today through Video Conferencing.

Heard learned counsel for the petitioner and the learned Additional Public Prosecutor (for brevity, APP) for the State.

The petitioner seeks bail in Patepur Police Station (for brevity, PS) Case No 158 of 2020 instituted for the offence punishable under Section 414, 420 of Indian Penal Code. Three persons have been apprehended on a motorcycle without number plate. The same has been found stolen as per Gaorul (Katahar Outpost) PS Case No 268 of 2020. Petitioner is said to be one of the persons riding on the motorcycle.

Patna High Court CR. MISC. No.9129 of 2021(3) dt.08-07-2021 2/3 Learned counsel submits that petitioner's implication is false. He was having no knowledge that the motorcycle has been stolen. He has been remanded in Gaorul (Katahar Outpost) PS Case No 268 of 2020 and prior to the instant case, he has no criminal antecedent. Co-accused Gautam Kumar has been allowed bail by this Court in Cr Misc No 6061 of 2021 by order dated 16.04.2021 and co-accused Bipin Kumar has also been granted bail by this Court in Cr Misc No 40337 of 2020 by order dated 02.03.2021. The petitioner continues to be in custody since 28.07.2020.

Learned APP has opposed the prayer for bail.

Considering the aforesaid, let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate III, Vaishali at Hajipur in connection with Patepur PS Case No 158 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.9129 of 2021(3) dt.08-07-2021 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T