Rajdeo Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57765 of 2018 Arising Out of PS.Case No. -113 Year- 2018 Thana -LADANIA District- MADHUBANI ======================================================

1. Rajdeo Thakur son of Late Gudari Thakur, resident of Village- Yogiya, P.S. Ladaniya, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 01.06.2018 in connection with Ladaniya P.S. Case No. 113/2018 registered for the offences punishable under Sections 341/323/353/413/414/ 504/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that though it is alleged that the recovery of the stolen motorcycle was from the possession of the petitioner, the said motorcycle had been purchased by the petitioner from a co-villager and only because he had not paid the full consideration amount, the papers in question were not transferred to him. It is further submitted that the said motorcycle may have been a stolen one, but the petitioner was not aware of the same and for such reasons, the petitioner could not

Patna High Court Cr.Misc. No.57765 of 2018 (2) dt.20-09-2018 2/3 produce the documents before the authorities when the vehicle was seized. It is further submitted that the petitioner has got no criminal antecedent and similarly situated other co-accused persons has since been extended the privilege of bail but the same was not known to the petitioner at the time the earlier application for bail was rejected by this Court.

In view of the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Madhubani, in connection with Ladaniya P.S. Case No. 113 of 2018, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or their wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

Patna High Court Cr.Misc. No.57765 of 2018 (2) dt.20-09-2018 3/3

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Saif/- U T