IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56053 of 2021

Arising Out of PS. Case No.-904 Year-2019 Thana- NAGAR District- Vaishali

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Utkarsh Raj @RAKESH Kumar Son Of Krishnandan Tiwari @ Krishnanand

Tiwari Resident Of Village- Saraiya, P.S.- Sakra, District-Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Shanti Bhushan Singh, Advocate.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP.

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

2

06-10-2021

Heard learned counsel for the petitioner and learned A.P.P. for

the State.

Learned counsel for the petitioner undertakes to remove the

defects within four weeks of resumption of normal court proceeding.

In the eventuality of non-removal of defects within undertaken

period, the office will place the matter before the Bench.

Earlier bail application of the petitioner was rejected vide

order dated 09.11.2020 passed in Cr. Misc. No. 24541 of 2020.

The petitioner seeks bail in connection with Hajipur Town P.S.

Case No. 904 of 2019 registered for the offence punishable under

Sections 406, 420, 379 of the Indian Penal Code.

Allegation against the petitioner is that petitioner on a false

promise took away four vehicles from the informant. It is alleged that

petitioner asked the informant to provide four to five vehicles for

Excise Department on a fixed rent of Rs. 14,000/- for each vehcile

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and also executed a deed of agreement on plain paper but on demand

petitioner did not pay the monthly fixed rent and he did not return

back the aforesaid vehicles to the informant.

Learned counsel for the petitioner submits that petitioner has

falsely been implicated in this case and has not committed any

offence as alleged in the FIR. He submits that no case under Section

379 of the Indian Penal Code is made out since it was a business deal

and there is no question of entrustment. He also submits that charge

in this case has been framed on 21.08.2021. No incriminating article

has been recovered from his conscious physical possession. The

allegation levelled against the petitioner is not specific rather general

and omnibus in nature. The petitioner has no criminal antecedent as

has been mentioned in para 3 of this bail application and he is

languishing in custody since 21.03.2021.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid and the period of custody of

the petitioner, the above named petitioner is directed to be enlarged

on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five

Thousand) with two sureties of the like amount each to the

satisfaction of the learned court below where the case is

pending/successor Court in connection with Hajipur Town P.S. Case

No. 904 of 2019 subject to the following conditions:

(1) One of the bailors will be own close relative of the

petitioner who will give on affidavit genealogy as to how he is

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relative to petitioner. The bailor will also undertake to inform the

court if there is any change in the address of the petitioner.

(2) The bailor shall also state on affidavit that he will inform

the court concerned if the petitioner is made accused in any other

case of similar nature after his release in the present case and

thereafter the court below will be at liberty to initiate the proceeding

for cancellation of bail on ground of misuse.

(3) The petitioner shall remain physically present in the court

on each and every date during trial and in the event of failure on two

consecutive dates without sufficient reasons, his bail bonds shall be

liable to be cance