Patna High CourtCR. MISC./66192/2024bail granted

Kaushal Kumar @ Dhatha v. The State Of Bihar

2024-10-01Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66192 of 2024 Arising Out of PS. Case No.-217 Year-2024 Thana- GHOSI District- Jehanabad ====================================================== Kaushal Kumar @ Dhatha S/o Birindra Yadav @ Birendra Yadav R/o VillageChunukpur, PS- Ghoshi, Distt- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath, Advocate.

For the Opposite Party/s :

Mr.Murli Dhar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-10-2024 Heard Mr. Paras Nath, learned counsel appearing on behalf of the petitioner and Mr. Murli Dhar, learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Ghoshi P.S. Case No. 217 of 2024 for the offence punishable under Section 392 of the Indian Penal Code.

3. As per the allegation made in the F.I.R., the petitioner along with some unknown persons is said to have snatched the motorcycle, mobile set and golden locket of the informant on the point of pistol. Petitioner is named in the F.I.R.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has not committed any offence as alleged. Due to enmity, the informant has taken the name of the petitioner. The stolen motorcycle was recovered from the side of the road and not from the possession of the petitioner. Petitioner has no role in the alleged crime as

Patna High Court CR. MISC. No.66192 of 2024(2) dt.01-10-2024 2/2 alleged. Petitioner is in custody since 19.07.2024.

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, the petitioner, above named, who is in custody since 19.07.2024, 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 Chief Judicial Magistrate, Jehanabad in connection with Ghosi P.S. Case No. 217 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 Para3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T