Hirendra Kumar Yadav @ Harindra Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.47133 of 2014 (2) dt.04-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47133 of 2014 Arising Out of PS.Case No. -297 Year- 2014 Thana -DUMRA District- SITAMARHI ======================================================

1. Hirendra Kumar Yadav @ Harindra Kumar son of Bishaw Mohan Yadav Resident of Village - Jajuwar Chainpur, P.S. Katara, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Saroj Kumar For the Opposite Party/s : Mr. P.K.Chaurasia(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-02-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Dumra P.S. Case No. 297 of 2014 registered for the offence punishable under Section 394 of the Indian Penal Code.

Allegedly, three motorcycle born criminals at the point of pistol looted away the mobile and motorcycle of the informant and during investigation looted motorcycle has been recovered from possession of the petitioner.

Submission is that the petitioner is a bonafide purchaser and he has purchased that motorcycle but paper was not handed over and moreover, in this case chargesheet has already been submitted and the petitioner is suffering in custody since

Patna High Court Cr.Misc. No.47133 of 2014 (2) dt.04-02-2015 26.8.2014 having no criminal antecedent.

Learned APP opposes the prayer of bail of the petitioner.

In the facts and circumstances stated above and considering the fact that in this case chargesheet has already been submitted and there is no chance of tempering with the prosecution evidence, and as such, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Dumra P.S. Case No. 297 of 2014 subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T