Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 46193 of 2014 Arising Out of PS.Case No. -38 Year- 2014 Thana -BANGRA District- SAMASTIPUR ====================================================== Subodh Kumar S/o Sonelal Sahni resident of village - Quari Tole, Balha P.S. Waini, District - Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

===================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 3.

03.03.2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Bangra P.S. Case No. 38 of 2014 dated 01.04.2014 instituted under Sections 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that the informant of the present case has lodged the F.I.R. alleging theft of his motorcycle and subsequently the police upon recovery of the said motorcycle has lodged another case being Patepur P.S. Case No. 54 of 2014 under Section 414/34 of the Indian Penal Code. Learned counsel submits that in the other case in which there is alleged recovery of the stolen vehicle, a co-ordinate Bench of this Court has granted bail to the petitioner on 16.01.2015 in Cr. Misc. No. 1368 of 2015. Learned counsel submits that the petitioner has no other case

Patna High Court Cr.Misc. No.46193 of 2014 (3) dt.03-03-2015 2/2 against him except these two cases which arise out of the same incident and he is in custody since 01.04.2014 in the other case and remanded in the present case on 25.06.2014. Learned A.P.P. opposes the prayer for bail.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in Bangra P.S. Case No. 38 of 2014. The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the trial and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

(Ahsanuddin Amanullah, J.) P. Kumar U T