Patna High CourtCR. MISC./3061/2020bail granted

Ajeet @ Ashok Mukhiya @ Ajeet Mukhiya v. The State Of Bihar

2020-01-18Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3061 of 2020 Arising Out of PS. Case No.-264 Year-2019 Thana- JHANJHARPUR District- Madhubani ====================================================== AJEET @ ASHOK MUKHIYA @ AJEET MUKHIYA Son of Late Kapleshwar Mukhiya Resident of Village - Bargoriya, P.S.- Pandaul, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-01-2020 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner seeks bail in a case registered under section 392 of the IPC.

Petitioner is an accused in the instant case on account of statement made by a co-accused that he has delivered stolen motorcycle of the informant to the petitioner. It is alleged that motorcycle in question has been recovered from petitioner's court yard.

Counsel for the petitioner submits that he has falsely been implicated in this case. It is submitted that petitioner has no criminal antecedent and is in custody since 23.11.2019. Recovered motorcycle is yet to be identified to find out

Patna High Court CR. MISC. No.3061 of 2020(2) dt.18-01-2020 2/2 if the motorcycle is the same which is alleged to have been stolen. It is also submitted that recovery is in violation of section 100 Cr.P.C.

Considering the aforesaid submissions, prayer for bail is allowed.

Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate I, Jhanjharpur, Madhubani in Jhanjharpur P.S. Case no. 264/2019 subject to the following conditions.

(1) 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.

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

(Madhuresh Prasad, J) s.hassan/- U T