Nand Lal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35980 of 2017 Arising Out of PS.Case No. -112 Year- 2017 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Nand Lal Prasad Son of Brijesh Mahto, R/o Village- Koyeerigawan, P.S.- Jogapatti, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 30.05.2017 in connection with Bairya P.S. Case No. 112/2017 for offences punishable under Section 379 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that he had parked his motorcycle near his house, but some unknown persons have stolen it.

It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report and the motorcycle has not been recovered from his possession, rather was found in possession of co-accused Sunil Kumar and just because petitioner has a criminal antecedent, he

Patna High Court Cr.Misc. No.35980 of 2017 (3) dt.24-08-2017 2/2 has been falsely implicated.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is involved in one more case of similar nature.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-4th, East Champaran at Bettiah, in connection with Bairiya P.S. Case No. 112/2017, subject to the condition that one of the bailors would be a close relative of the petitioner and 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