Narendra Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62150 of 2023 Arising Out of PS. Case No.-570 Year-2022 Thana- DUMRA District- Sitamarhi ====================================================== NARENDRA PATEL S/O LATE RAMCHANDRA RAI R/O VILLAGEHARPUR KALA, PS. MEJORGANJ, DIST. SITAMARHI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Murari, Advocate For the Opposite Party/s :
Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 15.04.2023 in connection with Dumra P.S. Case No. 570 of 2022, F.I.R. dated 10.10.2022 for the offences punishable under Sections 379 of the IPC.
3. According to prosecution case, motorcycle of the informant disappeared, when the informant returned back after completing his work from Sitamarhi Collectoriate relating to land. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and during the course of investigation his name has been transpired in this case and the motorcycle in question has
Patna High Court CR. MISC. No.62150 of 2023(2) dt.26-09-2023 2/3 been recovered from the conscious possession of the petitioner. The petitioner is in custody since 15.04.2023.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries two criminal antecedent other than the present one, but fairly submits on the basis of paragraph-3 of the petition that in both the cases petitioner is on bail.
6. 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 Chief Judicial Magistrate, Sitamarhi in connection with Dumra P.S. Case No. 570 of 2022 , subject to the following conditions:- i. 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. ii. 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.
iii. And further condition that the court below shall
Patna High Court CR. MISC. No.62150 of 2023(2) dt.26-09-2023 3/3 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) Prakash Narayan U T