Tabla @ Rajeev Kumar vs The State Of Bihar
2021 Latest Caselaw 2540 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.36546 of 2020
   Arising Out of PS. Case No.-288 Year-2019 Thana- MUSAHARI District- Muzaffarpur
======================================================

Tabla @ Rajeev Kumar, aged about 23 years, Male, S/o Binod Mahto, R/o village- Madhopur, P.S.- Mushahari (Musahri), District- Muzaffarpur

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s     :       Mr. Nachiketa Jha, Advocate
For the State            :       Ms. Anita Kumari, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 22-06-2021

The matter has been heard via video conferencing.

2. Heard Mr. Nachiketa Jha, learned counsel for the

petitioner and Ms. Anita Kumari, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with

Mushahari PS Case No. 288 of 2019 dated 09.12.2019, instituted

under Sections 414/401/467/468/420/471/120B of the Indian Penal

Code.

4. The allegation against the petitioner is that when the

police, on information that five persons had assembled and were

negotiating sale of stolen motorcycle, reached the place, four

persons were apprehended and one person fled away and the Patna High Court CR. MISC. No.36546 of 2020 dt.22-06-2021

apprehended persons disclosed that the person who had run away

was the petitioner.

5. Learned counsel for the petitioner submitted that he

has no connection with the stolen motorcycle and only because of

inimical terms with the arrested persons, he has been named. It

was further submitted that he is young and has no criminal

antecedent and the Court may put stringent conditions for grant of

bail to him.

6. Learned APP submitted that the petitioner was named

by the four persons who were caught.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with

two sureties of the like amount each to the satisfaction of the

learned A.C.J.M. 6th, Muzaffarpur in Mushahari (Musahri) PS

Case No. 288 of 2019, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure, 1973 and

further (i) that one of the bailors shall be a close relative of the

petitioner, (ii) that the petitioner and the bailors shall execute bond

with regard to good behaviour of the petitioner, and (iii) that the Patna High Court CR. MISC. No.36546 of 2020 dt.22-06-2021

petitioner shall also give an undertaking to the Court that he shall

not indulge in any illegal/criminal activity, act in violation of any

law/statutory provisions, tamper with the evidence or influence the

witnesses. Any violation of the terms and conditions of the bonds

or the undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being absent

on two consecutive dates, without sufficient cause, shall also lead

to cancellation of his bail bonds.

8. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner.

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T