Prem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 60079 of 2017 Arising Out of PS.Case No. -421 Year- 2017 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Prem Kumar Son of late Kapildeo Prasad @ Late Kapildeo Mahto Resident of Village - Mahmmud Nagar, P.S. Motihari Muffassil, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 19-12-2017 Heard counsel for the petitioner and the State. Petitioner is accused in Mufassil (Lakhaura) Police Station Case No 421 of 2017 registered initially for the offence punishable under Section 379 and later on added with Section 411 of Indian Penal Code.

On basis of information, two cases were lodged regarding theft of motorcycle. In the instant case, the petitioner is alleged to have been apprehended along with the stolen motorcycle.

In respect of the said recovery, a separate case was instituted bearing Turkaulia Police Station Case No 482 of 2017. In the said case, the petitioner has already been granted bail vide

Patna High Court Cr.Misc. No.60079 of 2017 (2) dt.19-12-2017 2/2 order dated 01.12.2017 passed in Cr Misc No 56608 of 2017. In the instant case, investigation is complete and charge sheet has been submitted and the petitioner is in custody since 21.08.2017. Considering the submissions made on behalf of the petitioner, 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 Chief Judicial Magistrate, East Champaran at Motihari in Mufassil (Lakhaura) Police Station Case No 421 of 2017 subject to the following conditions:

(1) 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.

(2) 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