Raju Kumar @ Raju Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69158 of 2019 Arising Out of PS. Case No.-42 Year-2019 Thana- KANGLI District- West Champaran ====================================================== Raju Kumar @ Raju Kumar Sah, Son of Kashi Sah Resident of Village - Kathia Mathia, P.S.- Kangali, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner seeks regular bail in connection with Kangali P.S. Case No.42 of 2019, for the offence punishable under Section 414 of the Indian Penal Code.

Prosecution story in brief is that the police recovered some electronic items and mobile phone from the hut of one Kashi Sah. It has further been alleged that petitioner along with others are involved in sale and purchase of stolen mobile. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case merely on the basis of the fact that the petitioner is son of the co-accused Kashi Sah from whose possession allegedly the stolen mobile and other electronic items have been seized by the police.

Patna High Court CR. MISC. No.69158 of 2019(2) dt.04-12-2019 2/3 Learned counsel further submits that the petitioner has got no criminal antecedent and the co-accused, Kashi Sah, has been granted bail by this Court in Cr. Misc. No.69271 of 2019. Petitioner is in custody since 16.08.2019.

Having regard to the submissions made by the parties and taking into consideration the fact that the co-accused, Kashi Sah, has been granted bail by this Court and no recovery has been made from the possession of the petitioner and the petitioner has got no criminal antecedent, I am inclined to grant regular bail to the petitioner. Accordingly, 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 learned Judicial Magistrate, Ist Class, Bettiah, West Champaran, in connection with Kangali P.S. Case No.42 of 2019, on the following conditions :- (i) That one of the bailors of the petitioner shall be his close relative.

(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

Patna High Court CR. MISC. No.69158 of 2019(2) dt.04-12-2019 3/3 bail bonds 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. (Anil Kumar Sinha, J) sanjeev/- U T