Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68973 of 2021 Arising Out of PS. Case No.-389 Year-2021 Thana- SIRDALA District- Nawada ====================================================== SUDHIR KUMAR Son of Bhola Yadav Resident of Village- Bakhura, P.S.- Wajirganj, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar,Adv For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-04-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Section 414 of the Indian Penal Code.

Allegation against the petitioner is that he was found in possession of the alleged motorcycle said to be stolen for which the petitioner could not reasonably explain. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has

Patna High Court CR. MISC. No.68973 of 2021(2) dt.27-04-2022 2/3 falsely been implicated in the present case. He further submits that it appears from the FIR as well as seizure list that one motorcycle has been recovered from conscious possession of the petitioner. Learned counsel for the petitioner submits that in fact nothing has been recovered from conscious possession of the petitioner rather the police has planted the same and shows that the recovery has been made from possession of the petitioner. He further submits that the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 24.08.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sirdala Case No. 389 of 2021, with the following conditions:-

(1) 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 on his/her absence on two consecutive dates

Patna High Court CR. MISC. No.68973 of 2021(2) dt.27-04-2022 3/3 without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T