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Patna High CourtCR. MISC./453/2020bail granted

Rajnikant Kumar @ Rajnikant v. The State Of Bihar

2020-02-28Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.453 of 2020 Arising Out of PS. Case No.-195 Year-2018 Thana- RAJAPAKAR District- Vaishali ====================================================== Rajnikant Kumar @ Rajnikant S/o Chandeshwar Ray, R/o village- Uttari Gangajal, Panchayat- Bakarpur, P.S.- Rajapakar, District- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Prakash Sinha For the Opposite Party/s :

Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-02-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Rajapakar P.S. Case No.195 of 2018 registered for offence punishable under section 379 of the Indian Penal Code and later on, section 414 of the Indian Penal Code has been added.

FIR has been lodged with regard to theft of motor cycle which was recovered from the house of one Uday Pratap Singh and he has taken the name of the petitioner. The learned counsel for the petitioner submits that no recovery has been made from the house of the petitioner or his possession and one Ravi Kumar, who is similarly situated to the petitioner, has already been granted bail by one of the

Patna High Court CR. MISC. No.453 of 2020(4) dt.28-02-2020 2/2 coordinate Bench of this Court in Cr. Misc. No. 46592 of 2019. Looking to the facts and circumstances of the case, the prayer for bail of the petitioners is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Rajapakar P.S. Case No.195 of 2018, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. If the petitioner is found involved in similar type of allegation in future, the prosecution will have liberty to file an application for cancellation of his bail bond.

(Shivaji Pandey, J) Mahesh/- U T