Brahmdev Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2624 of 2019 Arising Out of PS. Case No.-794 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== Brahmdev Mandal Indranand Mandal Resident of Navtoli, Ward No. 13, Rahatmina ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Pushpa Sinha (App ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Forbesganj P.S. Case No. 794 of 2018 registered for the offence punishable under Sections 379 and 411 of the Indian Penal Code.

Informant has alleged in his written complaint that on 17.10.2018 at 5:00 PM he had gone to market to purchase cloths alongwith his family and had parked his motorcycle but when he returned he found that his motorcycle has been stolen. The stolen motorcycle has been recovered from the house of petitioner It has been submitted on behalf of the petitioner that he is innocent and was not aware that the said motorcycle is the

Patna High Court Cr.Misc. No.2624 of 2019(2) dt.24-01-2019 2/2 stolen motorcycle which was kept by his one of the relative Amit Mandal who has been found to be stealing motorcycle as per footage recorded in CCTV camera. Petitioner has no criminal antecedent and he is in custody since 22.10.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Forbesganj P.S. Case No. 794 of 2018 subject to the conditions that:-

(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 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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) veena/- U T