Rajiv Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68657 of 2021 Arising Out of PS. Case No.-378 Year-2021 Thana- CHANDI District- Nalanda ====================================================== RAJIV KUMAR S/o Sarvan Pawan R/o Village- Sri Chandpur, P.S.- Harnaut, District- Nalanda.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surj Bansh Roy, Advocate For the Opposite Party/s :
Mr. Mukesh Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-05-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner, who is in custody since 16.09.2021, seeks regular bail in connection with Chandi P.S. Case No. 378 of 2021, G.R. No. 2033 of 2021 registered for offences punishable under Section 414/34 of the Indian Penal Code. Prosecution story 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
Patna High Court CR. MISC. No.68657 of 2021(2) dt.13-05-2022 2/3 including the petitioner were apprehended.
Learned counsel appearing on behalf of the petitioner submits that nothing was recovered from the possession of the 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 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 upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Hilsa, Nalanda in connection with Chandi P.S. Case No. 378 of 2021, G.R. No. 2033 of 2021 subject to the following conditions:
(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
Patna High Court CR. MISC. No.68657 of 2021(2) dt.13-05-2022 3/3 (ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (iv) 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 bond.
(Purnendu Singh, J) Niraj/- U T