Keshav Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72966 of 2024 Arising Out of PS. Case No.-17 Year-2024 Thana- BAHERA District- Darbhanga ====================================================== Keshav Singh Son of Lalan Kumar Singh @ Lalan Singh Resident of VillageNandapatti, Benipur, Ward No. 26, P.S.- Bahera, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ugranath Mallik For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 08-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Bahera P.S. Case No. 17 of 2024 registered for the offences punishable under Sections 379, 411 and 413 of the Indian Penal Code.

3. As per prosecution case, the informant's motorcycle has been stolen away by unknown person.

4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and during course of investigation, his name has been surfaced in this case upon the confessional statement of co-accused Kanhaiya Kumar Jha, as mentioned in the impugned order. Except confessional statement of said co-accused Kanhaiya Kumar Jha, there is nothing on record to connect the present petitioner with the alleged

Patna High Court CR. MISC. No.72966 of 2024(2) dt.08-10-2024 2/3 occurrence. Petitioner is in custody since 30.08.2024 and bears no criminal antecedent. Learned counsel orally submits that charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.

5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Bahera P.S. Case No. 17 of 2024, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

Patna High Court CR. MISC. No.72966 of 2024(2) dt.08-10-2024 3/3 (iii) 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.

(Alok Kumar Pandey, J) shahzad/- U T