Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68264 of 2021 Arising Out of PS. Case No.-378 Year-2021 Thana- CHANDI District- Nalanda ====================================================== PAWAN KUMAR S/O ASHOK PANDIT R/o village- Panchshil Nagar, P.S.- Harnaut, District- Nalanda.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surj Bansh Roy For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-05-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Chandi P.S. Case No. 378 of 2021, for the offence punishable under Section 414/34 of the Indian Penal Code. The prosecution case, in brief, is that the informant, who is the Sub-Inspector of Police came to know that three persons were riding on the stolen motorcycle bearing registration No. BR-01BJ-5553 and they wanted to sell the said motorcycle to someone at Harnaut railway station. All the three persons were apprehended, including the petitioner. Learned counsel appearing on behalf of the petitioner submits that nothing was recovered from the possession of the

Patna High Court CR. MISC. No.68264 of 2021(2) dt.13-05-2022 2/3 petitioner, rather, Police has implicated the petitioner showing the recovery of stolen motorcycle from abandoned condition. The petitioner has clean antecedent and he is in custody since 16.09.2021.

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 and nature of allegation made against the petitioner as well as period of custody undergone by the petitioner, without going into the merits of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M, Hilsa, Nalanda in connection with Chandi P.S. Case No. 378 of 2021, subject to the 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.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty

Patna High Court CR. MISC. No.68264 of 2021(2) dt.13-05-2022 3/3 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.

(Purnendu Singh, J) manish/- U T