Nitish Kumar @ Nitish Rajvanshi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64716 of 2021 Arising Out of PS. Case No.-340 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== NITISH KUMAR @ NITISH RAJVANSHI S/o Vinod Rajvanshi Resident of Village- Amhadi, P.S.- Sirdala, District- Nawada. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Parmeshwar Vishwakarma For the Opposite Party/s :
Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-05-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.
The petitioner seeks regular bail in connection with Rajauli P.S. Case No. 340 of 2021 for the offence punishable under Section 379 of the Indian Penal Code.
Allegation is of commission of theft of the motorcycle of the informant. F.I.R. of the occurrence is against unknown. Learned counsel appearing on behalf of the petitioner
2/4 submits that the petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from conscious possession of the petitioner. Petitioner is not named in the F.I.R. Name of the petitioner has surfaced in the case on the basis of confessional statement of co-accused Dipak Rajbanshi who has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 04.04.2022 passed in Cr. Misc. No. 62834 of 2021. Petitioner is in custody since 09.07.2021. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.
Considering the aforementioned facts and circumstances of the case, nothing has been recovered from conscious possession of the petitioner, name of the petitioner has surfaced on the confession of co-accused Dipak Rajbanshi who has been enlarged on bail by a co-ordinate Bench of this Court and period of custody undergone by the petitioner, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Rajauli P.S. Case No. 340 of 2021, subject to the following conditions:-
3/4
(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.
(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.
(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.
(5) The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically loose its force.
(6) The petitioner will make his attendance before the concerned police station under which his house is located every fortnightly till conclusion of the trial and on any single default without any valid reasons on the part of the petitioner, his bail bonds shall be cancelled and the concerned SHO of the police station shall submit his
4/4 monthly attendance report to the Superintendent of Police having jurisdiction.
(Purnendu Singh, J) mantreshwar/- U T