Arun Kumar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16035 of 2019 Arising Out of PS. Case No.-216 Year-2018 Thana- MANJHAGARH District- Gopalganj ====================================================== ARUN KUMAR GIRI, aged about 24 years, (M) S/o Beer Bahadur Giri R/o Village - Baikunthpur Ke Mathiya, P.S.- Manjhagarh, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Rakesh For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-03-2019 Heard learned counsel for the parties.

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

Informant has alleged that on 29.06.2018 after parking motorcycle of his brother, he had gone to attend a marriage function and when he returned, he found the motorcycle missing and FIR was instituted against unknown. During investigation accused Sandeep Kumar Pandit was arrested and on his confession and disclosure, stolen motorcycle was recovered from co-accused Raj Kumar Giri name of

Patna High Court CR. MISC. No.16035 of 2019(2) dt.28-03-2019 2/3 petitioner has also been disclosed in said confession. It has been submitted on behalf of the petitioner that except confession of co-accused there is no other incriminating material against the petitioner. He is in custody since 31.08.2018.

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 Manjhagah P.S. Case No. 216 of 2018, 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.16035 of 2019(2) dt.28-03-2019 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