Rupesh Kumar @ Vivek Singh @ Rupesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82975 of 2019 Arising Out of PS. Case No.-176 Year-2019 Thana- BELDOUR District- Khagaria ====================================================== Rupesh Kumar @ Vivek Singh @ Rupesh Kumar Singh Son of Dinesh Singh Resident of Village - Karma, P.S.- Parbatta, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar, Advocate For the Opposite Party/s :
Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-12-2019 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 414 and 34 of the Indian Penal Code.
Informant who is police officer, has alleged in his written complaint that he received a secret information that coaccused Nebal Kumar has kept a stolen motorcycle in his house and from his house one stolen motorcycle was recovered and he stated that same was given to him by the petitioner. It is submitted on behalf of the petitioner submits that he is innocent and has been falsely implicated in this case and nothing has been recovered from his possession and he has been made accused on the basis of statement made by co-accused and there is no any other incriminating material against him. The petitioner is in custody since 25.09.2019.
Patna High Court CR. MISC. No.82975 of 2019(2) dt.13-12-2019 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Beldaur P.S. Case No. 176 of 2019, with following conditions:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be property represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) S.Katyayan/- U T