Sunil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6889 of 2019 Arising Out of PS. Case No.-335 Year-2018 Thana- BEUR District- Patna ====================================================== Sunil Kumar, aged about 22 years (M), Son of Gopal Mahto, Resident of Village- Munnachak, Saidabad, P.S. Raghopur, District, Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar For the Opposite Party/s :
Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-02-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Beur P.S. Case No. 335 of 2018 registered for the offence punishable under Sections 379, 414 and 511 of the Indian Penal Code.
Informant is a Police Officer who in his written report has stated that in the morning on 14.10.2018, while he was verifying and checking the persons who came to Beur jail, Patna for meeting the prisoners, two boys came there on motorcycle and parked their motorcycle near the wall and started watching here and there and thereafter both started checking the lock of the motorcycle kept there by using the master key. Thereafter, police apprehended both of them and from their possession, altogether six master keys were recovered. The informant also recovered the stolen motorcycle
Patna High Court Cr.Misc. No.6889 of 2019(2) dt.14-02-2019 2/3 from the possession of the two miscreants. They further disclosed that they have stolen dozens of motorcycles and after changing the look and registration number of the same through the petitioner and one Ganesh Kumar who are the mechanics sold them and distributed the money.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case at the instance of his enemy. It has been submitted that name of the petitioner has surfaced in this case on the confessional statement made by the co-accused and on the basis of confession, shop of the petitioner was search from where three motorcycles were recovered. It has been submitted that petitioner is running a garage for service of two wheeler for his livelihood and he has no knowledge that the alleged vehicles are stolen or genuine. It has been further submitted that prior to the present case, Petitioner has got no criminal antecedent but after arrest in the present case, the police has remanded him in two more cases. Petitioner is in custody since 14.10.2018. 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/- with two sureties of the like amount each to the satisfaction of learned Additional Chief
Patna High Court Cr.Misc. No.6889 of 2019(2) dt.14-02-2019 3/3 Judicial Magistrate-VIII, Patna in connection with Beur P.S. Case No. 335 of 2018, with following conditions:- (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 shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(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) Sanjay/- U T