Bhavesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76571 of 2019 Arising Out of PS. Case No.-199 Year-2019 Thana- CHHATAPUR District- Supaul ====================================================== Bhavesh Kumar Son of Upendra Yadav Resident of Ghiwaha, Police StationChhatapur, District-Supaul. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjeev Verma, Advocate For the Opposite Party/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking regular bail in connection with Chhatapur P.S. Case No. 199 of 2019 registered for the offence punishable under Sections 413, 414 / 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner was the pillion rider of the motorcycle in question which is said to be stolen one as the rider of the motorcycle Keshaw Kumar disclosed before the Police that the same belongs to one Rupesh Kumar Yadav. It is further submitted that the petitioner is suffering custody since 27.07.2019 having no criminal antecedent.

Learned APP has opposed the prayer of bail.

Considering the facts and circumstances of the case

Patna High Court CR. MISC. No.76571 of 2019(2) dt.11-12-2019 2/3 wherein it is the submissions of the petitioner that this petitioner was a pillion rider on the motorcycle in question which is said to be the stolen motorcycle and that the motorcycle was being driven by one Keshav Kumar who told the Police that the motorcycle belongs to one Rupesh Kumar Yadav, the petitioner is in custody since 27.07.2019, has no criminal antecedent and the investigation against him is complete as also there being no submission that the release of the petitioner is likely to interfere in course of trial, let the petitioner above named be released on bail in connection with Chhatapur P.S. Case No. 199 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VI, Supaul, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from

Patna High Court CR. MISC. No.76571 of 2019(2) dt.11-12-2019 3/3 disclosing such facts to the Court or to any Police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) avin/- U T