Patna High CourtCR. MISC./41523/2018bail granted

Rakesh Kumar v. The State Of Bihar

2018-09-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41523 of 2018 Arising Out of PS.Case No. -773 Year- 2017 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Rakesh Kumar son of Late Sunil Tanti, Resident of Saur Road Sero Mile near Kali Mandir, P.S.- Borari, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashutosh Kumar For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-09-2018 Heard the parties.

The petitioner seeks regular bail in connection with Kotwali (Tilakmanjhi) P.S.Case nO.773 of 2017 dated 23.10.2017 of G.R.No.5661 of 2017, registered for offences punishable under Section 411 of the Indian Penal Code.

Allegation against the petitioner as per FIR is that while the informant was going to give examination conducted by LIC, her mobile was snatched and it appears that the said mobile was found used by the petitioner and the same was recovered. Submission of the learned counsel for the petitioner is that he had purchased the mobile from unknown, he has no criminal antecedent and he is in custody since 16.2.2018. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.41523 of 2018 (3) dt.26-09-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of ACJM-III, Bhagalpur in connection with Kotwali (Tilkamanjhi ) P.S.Case No.773 of 2017 dated 23.10.2017 G.R.No.5661 of 2017.

With 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) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure 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 bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- T U