Jogendra Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 547 of 2018 Arising Out of PS.Case No. -37 Year- 2013 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Jogendra Kumar Bhagat S/o Shivdeni Bhagat, R/o Village- Dulma, P.S.- Madhuban, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Binod Kumar Singh, Advocate For the S t a t e : Mr Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 11-01-2018 Heard counsel for the petitioner and the State. Petitioner seeks bail in a case registered under Section 392 of Indian Penal Code.

Allegation relates to snatching of the motorcycle. The petitioner is not named in the first information report and it is submitted that he has not been arrested on the spot nor any incriminating article has been recovered from his possession. He has been remanded in this case only on the basis of his own confessional statement which is not sustainable in law. Other coaccused, similarly situated as the petitioner, have been granted bail by this Court, details of which has been stated in the petition. Considering the aforesaid submissions, prayer for

Patna High Court Cr.Misc. No.547 of 2018 (2) dt.11-01-2018 2/2 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, Motihari, East Champaran in Mehsi Police Station Case No 37 of 2013 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 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