Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 66657 of 2019 Arising Out of PS. Case No.-125 Year-2019 Thana- RUPASPUR District- Patna ====================================================== ADITYA KUMAR, aged about 30 years, S/o Mukesh Das, Resident of Lala Toli, Hansraj Ki Deohari, P.S.- Khajekala, Town and District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 457 and 380 of the Indian Penal Code. The FIR of the occurrence of theft in dwelling is against unknown.

Submission is that though the petitioner is accused in eight more criminal cases of identical nature but all the cases have been registered against unknown and the name of the petitioner has been dragged subsequently without any recovery of stolen property from the possession of the petitioner. Learned counsel for the petitioner submits that the coaccused Uma Devi has been granted bail by the Co-ordinate Bench of this Hon'ble Court in Cr. Misc. No. 56469 of 2019 dated 09.09.2019. The petitioner is in custody since 09.04.2019 and has

Patna High Court CR. MISC. No. 66657 of 2019(2) dt.06-11-2019 2/2 got seven criminal antecedent in similar nature. Charge sheet has been submitted in this case.

Considering the aforesaid facts and circumstances, 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 the learned Additional Chief Judicial Magistrate-II Danapur, in connection with Rupaspur P.S. Case No. 125 of 2019, 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 and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(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. (Anjani Kumar Sharan, J) amitkumar/- U T