Awadhesh Kumar @ Karoo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63179 of 2017 Arising Out of PS.Case No. -201 Year- 2017 Thana -RAJGIR District- NALANDA (BIHARSHARIFF) ======================================================

1. Awadhesh Kumar @ Karoo Son of Devi Yadav @ Devi Prasad Yadav Resident of village- Mirjapur, P.S.- Nawada, District- Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Rajgir P.S. Case No.201 of 2017 registered for the offences punishable under Sections 414/34 of the Indian Penal Code. It is alleged that the police party apprehended three persons in suspicious condition and from their possession master keys and one motorcycle were recovered. It has been submitted that except two master keys, nothing has been recovered from possession of the petitioner. The petitioner is in custody since 05.09.2017 having clean antecedent except a criminal case bearing G.O. Case No.266 of 2013 (Nawada) which was registered for the offence under Section 47(A) of the Excise Act.

Patna High Court Cr.Misc. No.63179 of 2017 (2) dt.11-01-2018 In that case the petitioner is on bail.

The learned A.P.P. for the State opposed the submission.

Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda, Biharsharif in connection with Rajgir P.S. Case No.201 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail. (Sanjay Kumar, J) Harish/- U