Sipahi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65581 of 2021 Arising Out of PS. Case No.-207 Year-2021 Thana- JOGAPATTI District- West Champaran ====================================================== Sipahi Kumar son of Dharamnath Sah Resident of Village - Garbhuwa Lala Tola, P.S. Sirisiya O.P., District - West Champaran. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Shrivastava, Advocate For the Opposite Party/s :
Mr.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-05-2022 Heard counsel for the parties in Virtual Court Proceeding.
Let the defect(s), if any, as pointed out by the office, be removed within four weeks.
The petitioner is in judicial custody in connection with Yogapatti P.S. Case No. 207 of 2021 registered under sections 413/414 of the Indian Penal Code.
The allegation in the FIR is that the police intercepted this petitioner who was driving a motorcycle and upon asking him to provide documents relating to the vehicle, he failed to oblige. The police suspected it to be the stolen motorcycle and
Patna High Court CR. MISC. No.65581 of 2021(3) dt.06-05-2022 2/3 accordingly the petitioner was taken into the custody and is in jail since then i.e. 23.5.2021 (as stated in para-15 of the bail application).
The petitioner is only 20 years old and has no criminal antecedent and as he has been in jail for almost one year and further as the charge-sheet has already been submitted in the matter, it would be appropriate that he comes out of the judicial custody and try to pursue a better future as he has a long way to go in his life.
It has been stated in para-3 of the bail application that the petitioner has no criminal antecedent. However, if it is found that he do have criminal antecedent, this bail application shall become infructuous.
Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Yogapatti P.S. Case No. 207 of 2021 subject to the following conditions:- (i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;
Patna High Court CR. MISC. No.65581 of 2021(3) dt.06-05-2022 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself.
With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Ravi/- U T