Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86862 of 2019 Arising Out of PS. Case No.-282 Year-2019 Thana- DESARI District- Vaishali ====================================================== PANKAJ KUMAR Son of Ganesh Sah Resident of Village - Saidpur Ganesh, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-01-2020 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 414, 379/34 of the Indian Penal Code.

Informant who is police officer has alleged that while he was on patrolling duty he saw three miscreants coming on motorcycle and when they were asked to stop they tried to flee away, however, they were apprehended after chase and nothing was recovered from their personal possession. However, they could not produce any owner-book of the vehicle and confessed that they have stolen the vehicle.

It has been submitted on behalf of the petitioner that for similar offence one case for theft of motorcycle was filed by the owner of the motorcycle in which petitioner has been made

Patna High Court CR. MISC. No.86862 of 2019(2) dt.18-01-2020 2/2 accused and except this case petitioner has no criminal antecedent. Petitioner is in custody since 14.08.2019. 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 Desari P.S. Case No. 282 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(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) ranjan/- U