Rajan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78085 of 2024 Arising Out of PS. Case No.-3 Year-2024 Thana- SHIKARGANJ District- East Champaran ====================================================== Rajan Kumar Son of Ashok Paswan Resident of Village - Shikarganj, P.S. - Shikarganj, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhurendra Kumar, Advocate For the Opposite Party/s :
Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-11-2024 Heard Mr. Madhurendra Kumar, learned counsel for the petitioner and Mr. Navin Kumar Pandey, learned APP for the State.
2. The petitioner is in judicial custody in connection with Shikarganj P.S. Case No. 03 of 2024 for the offence punishable under Sections 112, 317(4), 317(5), 3(5) of the Bharatiya Nyaya Sanhita, 2023 lodged on 11.07.2024 by the informant, Sunil Kumar Singh.
3. As per the prosecution story, the informant alleged that in course of patrolling, came to know about the sell of a stolen motorcycle. After getting that information, reached the house of Ram Milan Kumar and found two motorcycles and some persons present there who managed to escape. The local 'Chowkidar' gave the name of the accused persons including
Patna High Court CR. MISC. No.78085 of 2024(2) dt.12-11-2024 2/3 this petitioner. This led to the FIR.
4. Learned counsel for the petitioner submits that a bare perusal of the FIR would show that the police got information about the presence of the stolen motorcycle in the house of Ram Milan Kumar, he had no role to play in the matter and only because of local enmity, the 'Chowkidar' named him. He do not have criminal antecedent and is in custody since 12.07.2024 (para-11 of the petition).
5. Learned APP vehemently opposes the prayer submitting that the 'Chowkidar' has named him.
6. Considering the aforesaid submissions put forward by the parties as also that the recovery/seizure is from the house of Ram Milan Kumar, the name of the petitioner has come in the statement of the 'Chowkidar', nothing incriminating has been from his personal possession and is in custody since 12.07.2024 having no criminal antecedent, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M., Sikrahana at Dhaka, East Champaran, Motihari, in connection with Shikarganj P.S. Case No. 03 of 2024 subject to the
Patna High Court CR. MISC. No.78085 of 2024(2) dt.12-11-2024 3/3 following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T