Dharmendra Kumar @ Dharmendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 72598 of 2019 Arising Out of PS. Case No.-144 Year-2019 Thana- KHODAWANDPUR District- Begusarai ====================================================== Dharmendra Kumar @ Dharmendra Paswan, Male, Aged about 25 years, Son of Ram Chandra Paswan Resident of Village - Kokni, P.S.- Hasanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar @ Alok Kr Shahi For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

27-11-2019 Heard learned counsel for the parties.

The petitioner seeks bail in Khodawandpur P.S. Case No. 144 of 2019 registered for the offence under Sections 414, 465 & 477 of the Indian Penal Code.

The prosecution case is that during checking, the petitioner is said to have fled away, leaving his motorcycle, which was without number, but he was caught by the police on chase and on being asked, he did not produce any relevant paper of the motorcycle.

It is submitted on behalf of petitioner that aforesaid motorcycle has not been recovered from possession of the petitioner, rather it was lying in an abandoned place, but petitioner was falsely implicated in the case. It is further submitted that no case under Section 414 of the Indian Penal Code is made out against the petitioner. The petitioner is

Patna High Court CR. MISC. No.72598 of 2019(2) dt.27-11-2019 2/2 innocent and languishing in jail since 17-07-2019. In the case, chargesheet has already been submitted and as such, there is no chance of tampering with the evidence.

Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Manjhaul, Begusarai in connection with Khodawandpur P.S. Case No. 144 of 2019 on the following conditions:

(1) Petitioner shall cooperate 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 the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J.) anay U T