Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28568 of 2015 Arising Out of PS.Case No. -253 Year- 2014 Thana -GIRIYAK DistrictNALANDA (BIHARSHARIFF) ====================================================== Rajesh Kumar s/o Sri Ramawatar Prasad R/o Vill. Bisai Bigha, P.S. Ekangarsarai, District - Nalanda.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar, Adv. For the Opposite Party/s : Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 11-08-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 379, 411, 401 of IPC. It is alleged that during investigation, the petitioner has been arrested and from his possession stolen mobile has been recovered.

It is submitted that the petitioner has not committed any offence. Mobile has been given to the petitioner by his neighbour Diwakar Kumar from whose possession two stolen batteries were recovered.

It is further submitted that the petitioner did not know that the mobile was a stolen property. He has no criminal

Patna High Court Cr.Misc. No.28568 of 2015 (2) dt.11-08-2015 2/2 antecedent. After investigation charge-sheet has already been submitted and there is no chance of tampering with the witnesses. Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.5000/- (five thousand only) with two sureties of the like amount each to the satisfaction of Sri S. V. Singh Parmaar, learned Judicial Magistrate, 1st Class, Biharsharif at Nalanda in Giriyak P. S. Case No. 253 of 2014, G. R. No. 3230 of 2014 with following conditions:-

1. The petitioner will not indulge himself in similar or any other offence.

2. One of the bailors must be the close relative of the petitioner.

3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T