Gayanji @ Gyansharan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70026 of 2021 Arising Out of PS. Case No.-98 Year-2020 Thana- GWALPARA District- Madhepura ====================================================== Gayanji @ Gyansharan Son of Jhakas Yadav Resident of Village - Gwalpara, P.s.- Gwalpara, Distt.- Madhepura.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Patla Kumari For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in a case registered for the offences punishable under Section 379 of the Indian Penal Code.

According to prosecution case, the informant filed his written report alleging therein that on 25.07.2020 he was going to his destination by his motorcycle. He reached near Shyam Dargah and stopping his motorcycle on the road side including there key of bike he went to urinal about same place at road side. All of sudden two unknown persons reached there and started the same motorcycle and fled away.

Patna High Court CR. MISC. No.70026 of 2021(2) dt.28-04-2022 2/3 Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that petitioner is not named in the F.I.R. and the name of the petitioner has been transpired on the basis of confessional statement of co-accused namely,Prakash Kumar @ Arun Kumar. He further submits that nothing has been recovered from the conscious possession of the petitioner and till date no TIP has been conducted by the prosecution. He further submits that the stolen motorcycle was recovered from the house of the co-accused Santosh Kumar. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 24.06.2021.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries four criminal antecedents other than the present one.

Considering the aforesaid facts and circumstances, 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 the learned Court below where the case is pending in connection with Gwalpara

Patna High Court CR. MISC. No.70026 of 2021(2) dt.28-04-2022 3/3 P.S. Case No. 98 of 2020, subject to 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 absence on two consecutive dates without sufficient reason, his 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.

3. 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) mdrashid/- U T