Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78881 of 2018 Arising Out of PS. Case No.-129 Year-2018 Thana- RAJEPUR District- East Champaran ====================================================== Krishna Kumar Son of Rampukar Rai Resident of Village -Madhwaha Maal, Police Station- Rajepur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Tondon For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Rajepur P.S. Case No. 129 of 2018 registered for the offence punishable under Sections 413, 414 of the Indian Penal Code.

Informant has alleged that on 18.08.2018 he alongwith other police personnel were checking the vehicles and received secret information that Krishna Kumar (petitioner) used to purchase and sell stolen motorcycle. On such information he reached there and on seeing police, one person started fleeing away, but he was apprehended and disclosed his name as Krishna Kumar (petitioner). On search one Passion Pro motorcycle has been recovered from the house of Petitioner and on demand, petitioner could not produce any document with

Patna High Court Cr.Misc. No.78881 of 2018(2) dt.29-01-2019 2/2 respect to said motorcycle.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to high handedness of police. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no criminal antecedent and he is in custody since 19.08.2017. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran, in connection with Rajepur P.S. Case No. 129 of 2018 subject to the conditions that:-

(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 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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.

(S. Kumar, J) veena/- U T