Pradeep Sah @ Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.509 of 2020 Arising Out of PS. Case No.-32 Year-2019 Thana- MOKAMA RAIL P.S. District- Patna ====================================================== Pradeep Sah @ Pradeep Kumar Son of Doman Sah Resident of Village - Pokharia, Ward No. 35, P.S.- Nagar Begusarai, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Singh For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-02-2020 Heard learned counsel for the parties.

Petitioner apprehends his arrest in a case registered for the offence punishable under section 379 of the I.P.C. It has been submitted on behalf of the petitioner that the present case is false and fabricated and petitioner has falsely been implicated in this case. It has further been submitted that nothing has been recovered from the conscious possession of the petitioner and the stolen mobile has been recovered from house of co-sharers of the petitioner. It has further been submitted that there is inordinate delay of two years in lodging FIR without plausible explanation. The petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his

Patna High Court CR. MISC. No.509 of 2020(2) dt.18-02-2020 2/2 arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate-cum-ACJM, Patna Railway Station, Patna in connection with GRP Mokama P.S. Case No. 32 of 2019, on the following conditions:-

(1) Petitioner shall co-operate 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 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) S.Katyayan/- U T