Rajesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12310 of 2016 Arising Out of PS.Case No. -162 Year- 2015 Thana -PANDAUL District- MADHUBANI ======================================================

1. Rajesh Ray Son of Jagdish Ray, resident of village- Mahthor, Police Station- Manigachhi and District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Amit Kr.Rakesh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-05-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Pandaul P.S. Case No. 162 of 2015 registered for the offence punishable under Section 379 of the Indian Penal Code.

Allegedly, Passion Pro motor-cycle of the informant was stolen away by unknown thief from the college gate. During investigation, the stolen motor-cycle as well as another motorcycle were recovered from the house of the petitioner. Submission is of false implication and that the house is a joint family property, it is not exclusive property of the petitioner, the petitioner is suffering in custody since 14.09.2015 and now, he has been sufficiently penalized. There is no chance

Patna High Court Cr.Misc. No.12310 of 2016 (3) dt.04-05-2016 2/2 of tampering with the prosecution evidence.

The learned A.P.P. submits that the petitioner is an active member of gang involved in lifting the motor-cycle. In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani in connection with Pandaul P.S. Case No. 162 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) ajaypd./- U T