Bhim Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18679 of 2021 Arising Out of PS. Case No.-781 Year-2020 Thana- ARA NAWADA District- Bhojpur ====================================================== Bhim Singh, aged about 32 years, male, Son of Naga Yadav R/O VillageSalempur, P.S.- Chandi, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for short 'APP') for the State. Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. The petitioner seeks bail in Ara-Nawada PS Case No. 781 of 2020 instituted for the offence under Section 414 of the Indian Penal Code.

The petitioner has been apprehended while driving a stolen passion pro motorcycle.

Petitioner's counsel submits that from the First Information Report itself it is apparent that the petitioner had purchased the motorcycle from one Manu Yadav who had

Patna High Court CR. MISC. No.18679 of 2021(2) dt.02-11-2021 2/3 assured him that he would be giving him the documentation regarding sale. Before any documentation could be effected the petitioner has taken into custody. It is submitted that he was a bona fide purchaser of the vehicle in-question. He has no criminal antecedents and he is in custody since 07.10.2020. The learned APP representing the State has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 14th, Ara Civil Court, in connection with Ara-Nawada PS Case No. 781 of 2020, subject to the following conditions:- (i) 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.

Patna High Court CR. MISC. No.18679 of 2021(2) dt.02-11-2021 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T