Bhola Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76148 of 2018 Arising Out of PS. Case No.-30 Year-2018 Thana- BEGUSARAI RAIL P.S. DistrictBegusarai ====================================================== Bhola Kumar, son of Manoj Kumar, resident of Mohalla- Station Raod, P.S. & District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arbind Kumar Sharma,m Advocate For the Opposite Party/s :

Smt Indu Kumari Srivastava (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Rail Begusarai P.S. Case No. 30 of 2018 (G.R. No. 181 of 2018) registered for the offences punishable under Sections 379 and 411/34 of the Indian Penal Code. Informant has alleged that as his train proceeded ahead the bag kept on the front seat was taken away by two accused persons and they jumped down from the running train and informant also jumped down and thereafter they were caught on the platform and from the possession of Subham Kumar the stolen bag of informant was recovered. It has been submitted on behalf of the petitioner

Patna High Court Cr.Misc. No.76148 of 2018(2) dt.19-12-2018 2/2 that he is innocent and has committed no offence. He has been falsely implicated in this case on suspicion. Petitioner is daily passenger and he has a shop in Begusarai. He has no criminal antecedent. Chargesheet has already been submitted and is in custody since 29.08.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Rail Barauni (Begusarai) in connection with Begusarai Rail P.S. Case No. 30 of 2018 (G.R. No. 181 of 2018), subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T