Ladan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38199 of 2018 Arising Out of PS.Case No. -45 Year- 2018 Thana -BISHWAMBHARPUR District- GOPALGANJ ====================================================== Ladan Kumar, Son of Chandrika Manjhi, R/o Village- Sukulwa, P.S.+District- Gopalganj.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Harendra Prasad For the Opposite Party/s : Mr. Sri Prem Kumar Jha CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 18.04.2018 in connection with Vishambharpur P.S. Case No. 45 of 2018 for offences punishable under Section 414 of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that during course of vehicle checking they intercepted a Bolero car which was being driven by the petitioner and one Uma Kumar was sitting. On inquiry, the petitioner could not produce any paper and stated that the car

Patna High Court Cr.Misc. No.38199 of 2018 (2) dt.06-07-2018 2/3 belonged to one Harendra Yadav but on verification, it was found that the car originally belonged to one Ramesh Thakur. As such, the petitioner and co-accused Harendra Yadav had stolen the said Bolero car.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that he was asked by his employer Harendra Yadav to take Uma Kumar and he is just the driver of the said vehicle. He undertakes to cooperate in the investigation and not to tamper with the prosecution witnesses.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent and one case is pending against him although under the Excise Act.

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 Additional Chief Judicial Magistrate-X, Gopalganj in connection with Vishambharpur P.S. Case No. 45 of 2018, subject to the condition that one of the bailors

Patna High Court Cr.Misc. No.38199 of 2018 (2) dt.06-07-2018 3/3 would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Devendra/- U T