Suraj Kumar @ Vaibhav Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2224 of 2018 Arising Out of PS. Case No. -551 Year- 2017 Thana -KOTWALI District- PATNA ====================================================== Suraj Kumar @ Vaibhav Raj, son of Sri Manoj Kumar, resident of Mohalla - Golghar Chauraha, Masjid Gali, P.S.- Budha Colony, DistrictPatna, State Bihar. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Brajesh Kumar, Advocate For the Opposite Party: Mr. Jitendra Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-01-2018 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 17.10.2017 in connection with Kotwali P.S. Case No. 551 of 2017 for the offences alleged under Sections 356 and 379 of the Indian Penal Code.
3. It is submitted that the petitioner has been falsely implicated in connection with the alleged theft of the informant's mobile phone. The first information report is against two unknown motor-cycle borne criminals and petitioner's name transpired from the confessional statement of co-accused Prem Pandey @ Kanhaiya who has been granted bail by this Court in Cr. Misc. No. 62538 of 2017. Co-accused Rahul Kumar @ Prince Raj has been granted bail by this Court in Cr. Misc. No. 63661 of 2017. Recovery of the mobile phone has been made from the possession of co-accused Akash Deep and not from the petitioner who claims clean antecedents prior to lodging of the present case.
4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-
Patna High Court Cr.Misc. No.2224 of 2018 (2) dt.16-01-2018 2/2 (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No. 551 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(Vikash Jain, J) B.T/Chandran U T