Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 52688 of 2017 Arising Out of PS.Case No. -267 Year- 2017 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ====================================================== Dilip Kumar S/o Rampravesh Ravidas, R/o Village- Jaitipur, P.S.- Chandi, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Rajeev Kumar, Advocate For the S t a t e : Mr Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered under Sections 420, 413, 414/34 of Indian Penal Code. Upon confidential information, it is stated that three persons, namely, Vijay @ Chhotu, Binay Kumar and Ajay Kumar were apprehended on the allegation of selling stolen motorcycles. Counsel for the petitioner submits that upon some disclosure made by them, the police had taken the petitioner into custody and the allegation is of recovery of a motorcycle from the house of the petitioner which is not the subject matter of the instant case. It is further submitted that the petitioner is a bona fide purchaser of the said motorcycle. It is also submitted that co-accused, namely, Anuj Kumar and Ravi Kant Tiwary @ Murarji Tiwary have been

Patna High Court Cr.Misc. No.52688 of 2017 (2) dt.09-11-2017 2/2 granted bail by this Court in the said case vide orders dated 17.10.2017 passed in Cr Misc No 46863 of 2017 and order dated 17.10.2017 passed in Cr Misc No 50019 of 2017. Considering the aforesaid submissions, petitioner's prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate II, Hilsa, Nalanda in Chandi Police Station Case No 267 of 2017 subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.

(iii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T