Ambuj Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 1482 of 2020 Arising Out of PS. Case No.-174 Year-2019 Thana- LAURIA District- West Champaran ====================================================== AMBUJ THAKUR Son of Jitendra Thakur Resident of Village- Thakur Tola, P.S.- Lauriya, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr Sachida Nand Roy, Advocate For the Opposite Party/s :

Mr Md Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 20-03-2020 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Lauriya Police Station (for brevity, PS) Case No 174 of 2019 instituted for the offence punishable under Section (s) 341, 323, 307, 353,414, 504, 506 of Indian Penal Code.

The petitioner has been implicated in this case by the police personnel alleging that during the course of routine patrolling, he was stopped while riding a motorcycle bearing Registration No BR 22R 1471 and failed to produce documents showing his rightful possession over the motorcycle in question. It is submitted by the petitioner's counsel that from averments made in the supplementary affidavit filed today, it is evident that pillion rider of the motorcycle had later on produced the documents and claimed the same. The prosecution case, therefore, alleging theft, has no substance. It is submitted

Patna High Court CR. MISC. No.1482 of 2020(3) dt.20-03-2020 2/2 that merely because of his criminal antecedent, the petitioner has been implicated in this case by police personnel, on suspicion.

Learned APP for the State has opposed the prayer for bail. Considering the aforesaid, let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Incharge Additional Chief Judicial Magistrate I, Bettiah, West Champaran in connection with Lauriya PS Case No 174 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T