Banti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18974 of 2017 Arising Out of PS.Case No. -467 Year- 2016 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Banti Kumar Son of Raj Kumar Mahto Resident of Village + P.O.- Harpur, P.S.-Barauni (Refinery), District-Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Sri Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2017 The petitioner seeks regular bail in connection with Barauni (Refinery) P.S. Case No. 467 of 2016, registered for offences punishable under Sections 413 and 414 of the Indian Penal Code.

Allegation against the petitioner that one stolen motorcycle was recovered from the possession of the co-accused, who disclosed the name of the petitioner.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and save and except confessional statement of co-accused there is nothing against the petitioner so as to connect him with the present case and though in the impugned order, it has been mentioned that the recovery has been made from the possession of the petitioner, however, from

Patna High Court Cr.Misc. No.18974 of 2017 (3) dt.05-07-2017 2/3 perusal of the seizure list, it will appear that recovery has not been made from the possession of the petitioner. Further petitioner has been in judicial custody 18.12.2016.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Barauni (Refinery) P.S. Case No. 467 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates

Patna High Court Cr.Misc. No.18974 of 2017 (3) dt.05-07-2017 3/3 without showing any genuine reasons, the prosecution will be free to move for cancellation of his bail bonds.

It is also made clear that if the petitioner again found involved in any of such offence, in future, his bail bonds will be cancelled.

(Vinod Kumar Sinha, J) sunil/- U T