Sharwan Kumar @ Sharvan Kumar vs State Of Jharkhand

Pradeep Kumar Srivastava, J

Heard learned counsel for the parties.

The petitioner has been made an accused in connection with Barkagaon P.S. Case No. 79 of 2024, registered for the offence under Section 379 of the Indian Penal Code, pending in the court of learned J.M.F.C., Hazaribag.

As per FIR, there is allegation of stealing the Hywa vehicle of the informant by the petitioner.

Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all as alleged in the FIR. It is submitted that the stolen Hywa bearing registration no. JH02AY9338 was seized from the Rana garage owned by one Vinay Kumar Rana and petitioner was apprehended from the garage and no incriminating article has been recovered from the possession of this petitioner. It is further submitted that other co-accused, namely, Vinay Kumar Paswan @ Binay Kumar Paswan has been granted regular bail by this Court in B.A. No. 4854 of 2024 vide order dated 28.04.2024. The petitioner is languishing in Judicial custody since 30.03.2024 without any rhymes and reasons having no criminal antecedent. Petitioner undertakes to co-operate in the trial of the case by remaining physically present as and when required and shall not indulge in any manner in tampering with the prosecution evidences or influencing the witnesses of prosecution, hence, the petitioner may be enlarged on bail.

Learned A.P.P appearing on behalf of State has opposed the prayer for bail of the petitioner and submitted that there are sufficient materials against the petitioner showing his involvement in the present case, hence he does not deserve bail.

Regard being had to the facts and circumstances of the case and nature of allegation against the petitioner coupled with materials available against petitioner, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing of bail bond of Rs. 25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate 1st Class, Hazaribag in connection with Barkagaon P.S. Case No. 79 of 2024 subject to the conditions:-

(1) Petitioner shall remain physically present on each and every date till the conclusion of the trial of this case unless prevented from sufficient cause to the satisfaction of the learned trial court.

(2) Petitioner shall not indulge in any or other similar offence till the conclusion of the trial.

(3) Petitioner shall not indulge in tampering with the prosecution evidences or influencing the prosecution witnesses.

In case of violation of the aforesaid condition the bail of the petitioner shall be cancelled and shall be taken into custody by the learned trial court itself.