Patna High CourtCR. MISC./66195/2024bail granted

Birendra Murmu v. The State Of Bihar

2024-10-01Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66195 of 2024 Arising Out of PS. Case No.-42 Year-2024 Thana- Sri Nagar District- Purnia ====================================================== Birendra Murmu, Son of Madhu Murmu, Village- Chitlmari Macjhraha @ Muchraha, P.S.- Sri Nagar, Distt- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh, Advocate.

For the Opposite Party/s :

Mr.Nityanand, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-10-2024 Heard Mr. Bijendra Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Nityanand, learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sri Nagar P.S. Case No. 42 of 2024 for the offence punishable under Sections 379 and 411/34 of the Indian Penal Code.

3. As per the allegation made in the F.I.R., petitioner is said to have stolen the motorcycle of the informant.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has not committed any offence as alleged. Some other person had parked the motorcycle on the side of the road where the petitioner was also present. Petitioner has no concern with the stolen motorcycle or the accused persons against whom F.I.R.

Patna High Court CR. MISC. No.66195 of 2024(2) dt.01-10-2024 2/3 has been lodged. Petitioner has clean antecedent and he is in custody since 18.06.2024.

5. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

6. Considering the nature of allegation against the petitioner and the fact that the petitioner has clean antecedent and he is in custody since 18.06.2024, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Purnea in connection with Sri Nagar P.S. Case No. 42 of 2024, 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 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.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.

Patna High Court CR. MISC. No.66195 of 2024(2) dt.01-10-2024 3/3

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T