Bechan Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15053 of 2018 Arising Out of PS.Case No. -861 Year- 2017 Thana -FORBESGANJ District- ARRARIA ====================================================== Bechan Das, son of late Mahangu Das, resident of village Majhwa, Ward No. 4, P.S. Forbesganj, District Araria .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kundan Kumar Singh For the Opposite Party/s : Mr. Umeshnand Pandit ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 15.11.2017 in connection with Forbesganj P.S. Case No. 861/2017 for offences punishable under Sections 414, 34 of the Indian Penal Code.
The prosecution case, as lodged by the police personnel, is that during raid they intercepted a red colour motorcycle and seized two bottles of foreign illicit liquor from the co-accused Sikandar Mandal, who was driving the motorcycle without number. He revealed the names of 12 persons involved in theft of motorcycles. On such information the police conducted raid and from the house of the petitioner one stolen motorcycle
Patna High Court Cr.Misc. No.15053 of 2018 (2) dt.15-03-2018 2/3 was recovered, and, accordingly, a seizure-list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and on similar allegations some of the co-accused have been granted privilege of bail by co-ordinate Benches of this Court in Cr. Misc. No. 7549 of 2018 vide order dated 08.02.2018 and Cr. Misc. No. 6757 of 2018 vide order dated 06.02.2018. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on completion of six months in custody on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Forbesganj P.S. Case No. 861/2017, subject to the conditions that:
(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the
Patna High Court Cr.Misc. No.15053 of 2018 (2) dt.15-03-2018 3/3 petitioner.
(2) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds. (Nilu Agrawal, J) Rajesh/- U T