Pawan Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66842 of 2021 Arising Out of PS. Case No.-162 Year-2020 Thana- EKANGARSARAI District- Nalanda ====================================================== Pawan Rajak S/O Dinesh Rajak, R/o village- Metra, P.S.- Ghoshi, DistrictJahanabad, At present Bahadurpur Railway Gumti Durga Sthan (Mandir), P.S.- Bahadurpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arbind Kumar, Adv.

For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-05-2022 Heard learned counsel for the parties through video conferencing in view of COVID-19.

Let the defect(s), if any, be removed within four weeks.

The petitioner is in judicial custody in connection with Ekangar Sarai P.S. Case No.162 of 2020 instituted under Section 379 of the Indian Penal Code.

The allegation in the FIR is that the informant had parked his tractor near his tube-well and when he went at the place in the morning at 5'O clock, he found that the tractor is not there, accordingly FIR was lodged against unknown.

Subsequently, the name of the petitioner came up

Patna High Court CR. MISC. No.66842 of 2021(2) dt.13-05-2022 2/3 in course of the investigation and he was remanded in this case on 01.09.2021.

Considering the fact that charge sheet has already been submitted and he is in jail since 01.09.2021 (as stated in para-8 of the bail application), this Court is inclined to grant him privilege of bail with certain conditions in view of the fact that he has criminal antecedent.

Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each in connection with Ekangar Sarai P.S. Case No.162 of 2020 to the satisfaction of learned S.D.J.M., Hilsa (Nalanda), subject to following conditions: (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(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 cancellation of his bail by the Trial court itself; (iii) the petitioner shall appear before the concerned police station every month for next six months to

Patna High Court CR. MISC. No.66842 of 2021(2) dt.13-05-2022 3/3 mark his presence;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T