Kamlesh Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 74750 of 2019 Arising Out of PS. Case No.-144 Year-2019 Thana- AANDAR District- Siwan ====================================================== Kamlesh Gond aged about 30 years, Gender- Male, Son of Janardan Gond Resident of Village - Jaijore, P.S.- Aandar, Distt - Siwan. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

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

The petitioner seeks bail in Andar P.S. Case No. 144 of 2019 registered for the offence under Sections 414/34 of the Indian Penal Code.

As per prosecution case, one stolen motorcycle is said to have been recovered from a palani adjacent to the house of petitioner.

It is submitted on behalf of petitioner that petitioner has no concern with the stolen motorcycle and the motorcycle has been recovered from a public place. It is further submitted that the petitioner is having no criminal antecedent and he is in custody in this case since 25-08-2019. In the case chargesheet has also been submitted and as such, there is no chance of tampering with the evidence.

Considering the aforesaid facts and circumstances as

Patna High Court CR. MISC. No.74750 of 2019(2) dt.27-11-2019 2/2 well as nature of allegation, 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 Additional Chief Judicial Magistrate - IX, Siwan in connection with Andar 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