Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31657 of 2017 Arising Out of PS.Case No. -106 Year- 2017 Thana -MITHANPURA District- MUZAFFARPUR ====================================================== Chandan Kumar, son of Budhan Singh, Resident of village - Rasulpur, P.S. - Jandaha, District Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar No-1, Advocate For the Opposite Party/s : Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks bail in connection with Mithanpura P.S. Case No. 106 of 2017 registered for the offence punishable under Sections 379 and 411/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that while he had parked his motorcycle outside his house and gone inside for having food, within 5-10 minutes he heard the sound of start of the motorcycle and raised hulla on account of which the petitioner was apprehended by the local people with the motorcycle.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and that he

Patna High Court Cr.Misc. No.31657 of 2017 (2) dt.12-07-2017 2/2 is ready to abide by the conditions as imposed for grant of bail. He further submits that he is in custody since 14.04.2017 and that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Muzaffarpur in connection with Mithanpura P.S. Case No. 106 of 2017. (Nilu Agrawal, J.) Arjun/- U T