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Patna High CourtCR. MISC./60980/2024bail granted

Sujeet Kumar v. The State Of Bihar

2024-09-04Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60980 of 2024 Arising Out of PS. Case No.-55 Year-2024 Thana- BHAGWANPUR District- Vaishali ====================================================== Sujeet Kumar Son of Arbind Paswan R/V-village- Mahadeo Math, PSMahua, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bela Singh, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 55 of 2024 instituted for the offences under Sections 379, 411, 413, 414 of the Indian Penal Code.

3. Prosecution case, in short, is that this petitioner was caught red handed stealing the motorcycle of the informant.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that in fact, petitioner was not present at the place of occurrence nor was arrested on the spot. The petitioner

Patna High Court CR. MISC. No.60980 of 2024(2) dt.04-09-2024 2/3 has been arrested by the police only on the basis of suspicion. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.03.2024 and has nine criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhagwanpur P.S. Case No. 55 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.60980 of 2024(2) dt.04-09-2024 3/3 for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T