Sakaldeo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66411 of 2021 Arising Out of PS. Case No.-211 Year-2020 Thana- KARPI District- Jehanabad ====================================================== SAKALDEO KUMAR SON OF ASHOK MAHTO RESIDENT OF VILLAGE- BAIDRABAD, P.S- ARWAL, DIST- ARWAL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Choudhary, Advocate For the Opposite Party/s :

Mr.Arun Kumar Singh, App ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 12-01-2022 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 414 and 34, of the Indian Penal Code.

Earlier also, petitioner had moved this Court for grant of regular bail which was rejected vide Annexue 1 with liberty to petitioner to renew his prayer for bail after completing one year in jail custody.

The allegation levelled against the petitioner is that on 12.10.2020 at about 11:50 hours on the basis of confessional statement of petitioner in Kapri P.S. Case No. 205/2020, one

Patna High Court CR. MISC. No.66411 of 2021(2) dt.12-01-2022 2/3 stolen motorcycle was recovered in the house of his brother-inlaw, Ashish Kumar at village Pakari and petitioner also used to keep stolen article and take shelter in the house of his brotherin-law. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Petitioner is in custody since 13.10.2020, i.e., more than one year.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Karpi P.S. Case No. 211 of 2020 with following 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 the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the

Patna High Court CR. MISC. No.66411 of 2021(2) dt.12-01-2022 3/3 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) Sanjay/- U T