Tara Mohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71613 of 2022 Arising Out of PS. Case No.-301 Year-2022 Thana- BAHERA District- Darbhanga ====================================================== Tara Mohan Singh Son Of Chandra Mohan Singh R/O Vill.- Bala Yaku, Donar, Industrial Area, P.S.- Sadar, Distt.- Dharbhanga (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhijeet Abhigyan, Advocate For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail, who is in custody since 06.08.2022, in connection with Bahera P.S. Case No. 301 of 2022, F.I.R. dated 10.07.2022 registered for the offences punishable under Sections 379 of the Indian Penal Code. The F.I.R. of the occurrence of theft is against unknown.

Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that as per allegation in the F.I.R. that the police has recovered the so-called looted mobile from the possession of the petitioner. He further submits that in fact nothing has been recovered from the possession of the

Patna High Court CR. MISC. No.71613 of 2022(3) dt.06-04-2023 2/3 petitioner and so far as the motorcycle is concerned, the motorcycle belonged to the petitioner. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 06.08.2022. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries one more case other than the present one.

Considering the facts and circumstances of the case, 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, Dharbhanga in connection with bahera P.S. Case No. 301 of 2022, subject to the following conditions :-

(1) 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.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.71613 of 2022(3) dt.06-04-2023 3/3 for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, 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) Ibrar//- U T