Sanjeev @ Sanjeet @ Sanjeer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67765 of 2022 Arising Out of PS. Case No.-161 Year-2022 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== SANJEEV @ SANJEET @ SANJEER S/O NEJAM @ NAJAM @ NAZAM UDDIN Resident of village- Rampur Mohanpur West, P.S.- Araria, DistrictAraria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 379 of the Indian Penal Code. The case relates to theft of motorcycle of the informant.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has not been named in the F.I.R. but merely on the basis of confessional statement of the co-accused, Md. Naushad, on whose disclosure motorcycle in question has been recovered from the house of the petitioner, he has been

Patna High Court CR. MISC. No.67765 of 2022(2) dt.23-03-2023 2/3 made accused in this case. He further submits that, in fact, nothing has been recovered from the conscious possession of the petitioner. Moreover, the co-accused, namely, Md. Naushan and Imtiyaz have already been granted bail by a coordinate Bench of this Court vide order dated 24.01.2023 passed in Cr. Misc. No. 60956 of 2022. He further submits that the police after investigation has submitted chargesheet in this case against the petitioner. The petitioner is rotting in judicial custody since 17.06.2022. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries three more cases other than the present one.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 Kotwali (Tilkamanjhi) P.S. Case No.

(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

Patna High Court CR. MISC. No.67765 of 2022(2) dt.23-03-2023 3/3 Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled 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) brajesh/- U T