Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9714 of 2021 Arising Out of PS. Case No.-194 Year-2020 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Sanjeet Kumar aged about 30 years Son Of Late Nawal Kishore Raout Resident Of Village- Noniya Tole Ward No. 14, P.S. Madhubani Town, District- Madhubani ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ravi Prakash, Advocate For the Opposite Party :

Mr. JK Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-05-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 379and other ancillary sections of the Indian Penal Code. As per the prosecution case, theft was committed in the godown of the informant and on the confession of this petitioner stolen articles have been recovered from the house of co-accused Triveni Mandal.

Patna High Court CR. MISC. No.9714 of 2021(2) dt.31-05-2021 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on suspicion. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has claimed clean antecedent and he is in custody since 5.8.2020.

State counsel opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that no incriminating material has been recovered from the conscious possession of the petitioner and he bears clean antecedent, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in Madhubani town Police Station Case No. 194 of 2020 on 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 cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.9714 of 2021(2) dt.31-05-2021 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T