Chhotu Kumar @ Chhotu Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8200 of 2019 Arising Out of PS. Case No.-14 Year-2017 Thana- BIHARSHARIF RAIL P.S. District- Patna ====================================================== CHHOTU KUMAR @ CHHOTU RAM Son of Munna Ram R/o villageAsthawan ( Ajibganj Tola) , P.S- Asthawan ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ganesh Sharma For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with G.R.P. Biharsharif Rail (Rajgir) P.S. Case No. 14 of 2017 registered for the offence punishable under Section 379 of the Indian Penal Code.
It has been alleged by the informant in the FIR that on 14.10.2017 at about 2.00 PM he had gone to Rajgir Station to receive his brother after parking his motorcycle in Portico and when he returned he found that his motorcycle was stolen and lodged the FIR against the unknown.
It has been submitted on behalf of the petitioner that petitioner is not named in the FIR and has been falsely implicated in this case due to high handedness of the police.
Patna High Court Cr.Misc. No.8200 of 2019(2) dt.15-02-2019 2/2 Nothing was recovered from the possession of petitioner. Petitioner is in custody since 14.08.2018.
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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Railway, Patna, in connection with G.R.P. Biharsharif Rail (Rajgir) P.S. Case No. 14 of 2017 subject to the conditions that:-
(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 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.
(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) veena/- U T