Shekhar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56125 of 2024 Arising Out of PS. Case No.-360 Year-2024 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Shekhar Kumar son of Late Mithilesh Singh Village- Satendra Nagar PsAurangabad Town Dist- Aurangabad P/A- Vsari Ps- Dhibra Dist- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-09-2024 Heard Mr. Shailesh Kumar Singh, learned counsel for the petitioner and Mr. Binod Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 29.05.2024, in connection with Aurangabad Town P.S. Case No. 360 of 2024, FIR dated 25.05.2024 registered for the offence under Section 379 of the Indian Penal Code.
3. As per the prosecution case, the vehicle of the informant was parked near his house which was stolen by unknown persons.
4. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and he has falsely been implicated in this case. He
Patna High Court CR. MISC. No.56125 of 2024(3) dt.25-09-2024 2/3 further submits that the petitioner is not been named in the F.I.R. the name of the petitioner has been transpired in this case during the investigation on the basis that one motorcycle has been recovered from the house of the petitioner. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 29.05.2024.
5. Learned A.P.P. for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, 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 C.J.M., Aurangabad in connection with Aurangabad Town P.S. Case No. 360 of 2024 with 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.
(ii) If the petitioner tampers with the evidence or
Patna High Court CR. MISC. No.56125 of 2024(3) dt.25-09-2024 3/3 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 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) ajay/- U T