Sunil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74942 of 2019 Arising Out of PS. Case No.-272 Year-2019 Thana- PUPRI District- Sitamarhi ====================================================== Sunil Rai, Son of Bhola Rai, Resident of Village - Chakka Rasalpur, P.S.- Dumra, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with Pupari P.S. Case No.272 of 2019 registered for the offence punishable under Sections 379 and 411 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that the petitioner is not named in the FIR and no incriminating article has been recovered from his possession. Learned APP has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that Md. Gulam from whose possession the stolen motorcycle has been recovered has been granted regular bail by a learned coordinate Bench of this Court on 13.08.2019 in Cr.Misc.No.50260 of 2019, the

Patna High Court CR. MISC. No.74942 of 2019(2) dt.11-12-2019 2/2 petitioner is in custody since 08.07.2019, he has no criminal antecedent and it is not the submission of learned APP for the State that release of the petitioner is likely to influence the trial, let the petitioner above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. (P), Sitamarhi in connection with Pupari P.S. Case No.272 of 2019, 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 disclosing such facts to the Court or to any Police officer or tamper with the evidence.