Madhurendra Kumar Singh @ Madhu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12463 of 2019 Arising Out of PS. Case No.-91 Year-2017 Thana- PHENHARA District- East Champaran ====================================================== MADHURENDRA KUMAR SINGH @ MADHU SINGH, aged about 25 years, (M) Son of Kaushal Kishor Singh Resident of Village - Ijorbara, P.S.- Phenahara, Distt.- East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar Mishra For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-03-2019 Heard learned counsel for the parties.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 379, 411, 413, 467, 468 and 34 of the Indian Penal Code.

Informant has alleged in his written complaint that he was returning from Phenahara Bazar and on the way stopped his motorcycle for urination. In the meantime, three persons on a black colour motorcycle without registration number stopped there and one of them took away his motorcycle. It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.12463 of 2019(2) dt.14-03-2019 2/3 that he is innocent and has been falsely implicated in this case. He is not named in FIR. Nothing has been recovered from his possession. It has been further submitted that similarly placed co-accused has been granted bail by this Court as contained in Annexure-2 of this petition. He is in custody since 16.07.2018. 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/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Phenhara P.S. Case No. 91 of 2017 with following condition:- (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 shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the

Patna High Court CR. MISC. No.12463 of 2019(2) dt.14-03-2019 3/3 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) manoj/- U T