Sanoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40940 of 2017 Arising Out of PS.Case No. -149 Year- 2017 Thana -CHAURADANO DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Sanoj Kumar Son of Ram Ayodhya Rai, R/o village- Tikuliya, P.S.- Adapur, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Anis Akhtar For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2017 Heard the parties.
The petitioner seeks regular bail in connection with Chauradano P.S. Case No.149 of 2017, registered for offences punishable under Sections 467 and 414 of the Indian Penal Code. Allegation against the petitioner is of recovery of one motorcycle from him in which the chassis number was changed. Further allegation is that in spite of the demand the petitioner could not produce the papers of the motorcycle. Submission of learned counsel for the petitioner is that he has falsely been implicated in this case at the instance of the police and he has no criminal antecedent except one under the Excise Act. It is also submitted that he has been in custody for about three months.
Patna High Court Cr.Misc. No.40940 of 2017 (2) dt.06-09-2017 2 /3 Heard learned A.P.P. also and he opposes the prayer for bail.
No doubt that the allegation has been levelled in the FIR of non-production of papers but the FIR does not show that it was a stolen motorcycle and suspicion has been raised as the chassis number was erased.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Raxaul at Motihari, District East Champaran in connection with Chauradano P.S. Case No.149 of 2017, with 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 co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his
Patna High Court Cr.Misc. No.40940 of 2017 (2) dt.06-09-2017 3 /3 bail bond shall be cancelled.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J.) S.Kumar/- U T