Karan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85371 of 2019 Arising Out of PS. Case No.-237 Year-2019 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== 1.

KARAN KUMAR Son of Mahadev Yadav Resident of Village - Itahava @ Rampur, P.S.- K.Nagar, Distt.- Purnea.

2.

Sonu Kumar Yadav @ Sonu Kumar Son of Raghuni Yadav Resident of Village - and P.S.- Sarsi, Distt.- Purnea.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar, Advocate For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-01-2020 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners in this case are seeking regular bail in connection with K. Nagar P.S. Case No. 237 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 present FIR has been lodged after 9 days of the alleged theft of motorcycle and the petitioners have been caught hold and were handed over to Police only because the petitioners had a quarrel with the informant over certain issues. It is further submitted that the petitioners are in custody since 01.07.2019 having no criminal antecedent and investigation against them is complete.

Patna High Court CR. MISC. No.85371 of 2019(2) dt.09-01-2020 2/3 Learned APP has opposed the prayer for regular bail of the petitioners.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioners that the FIR about the stolen motorcycle was lodged 9 days after the alleged theft and then these petitioners have been caught hold and handed over to Police by the informant only because the petitioners had a quarrel with the informant over certain issues, the petitioners have no criminal antecedent and have remained in custody for about six months by now, the investigation against them is complete, let the petitioners above named be released on bail in connection with K. Nagar P.S. Case No. 237 of 2019 on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, 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

Patna High Court CR. MISC. No.85371 of 2019(2) dt.09-01-2020 3/3 (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.

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