Gauri Sahnkar Ram @ Gauri Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26519 of 2021 Arising Out of PS. Case No.-129 Year-2020 Thana- MADHWAPUR District- Madhubani ====================================================== Gauri Sahnkar Ram @ Gauri Ram Son of Bhola Ram Resident of Village - Pokharauni, P.S.- Saharghat, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr. Shailendra Kumar Singh A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

30-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Madhwapur P.S. Case No. 129 of 2020, registered for the offence under Section 379 of the Indian Penal Code.

As per the prosecution case, a raid was conducted and the stolen motorcycle of the informant was recovered from the house of the petitioner and this petitioner was arrested from the house.

It is submitted on behalf of petitioner that nothing has been recovered from the possession of the petitioner and the alleged motorcycle has been recovered from the house, which is in joint possession of the family. Petitioner has got clean antecedent and he is in custody since 09.12.2020.

Patna High Court CR. MISC. No.26519 of 2021(2) dt.30-07-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released 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 J.M. Ist Class, Benipatti, District - Madhubani in connection with Madhwapur P.S. Case No. 129 of 2020, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T