Laddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46560 of 2015 Arising Out of PS.Case No. -152 Year- 2015 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Laddu, S/o Nazir Mian @ Nurullah, Resident of village- Shreepur Bazar, P.S.- Sugauli, District- East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Kumar For the Opposite Party : Mr. Ramesh Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Sugauli P.S. Case No. 152 of 2015, registered under Section 414 of the Indian Penal Code.

The prosecution case is that on secret information, informant and other Police personal raided the house of petitioner from where one Hero Honda Motorcycle bearing Reg. No. BR06AB/2792 was recovered and on demand of paper regarding the ownership, no paper of the said vehicle was produced by the family members of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that while allegation is of recovery of one stolen motorcycle

Patna High Court Cr.Misc. No.46560 of 2015 (3) dt.12-02-2016 2/2 from the house of the petitioner, but seizure-list alone not bear the signature of family member of the petitioner. Further submission is that, in fact, the petitioner was an accused in Sugauli P.S. Case no. 144 of 2015, under Section 379 of the Indian Penal Code in which he is on bail and due to that reason, the petitioner has been implicated in the present case and is in custody since 04.08.2015. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari in connection with Sugauli P.S. Case No. 152 of 2015.

Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner and further the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds.

(Rajendra Kumar Mishra, J) manish/- U T