Chandra Gupt Maurya @ Chandra Gupt Morya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57742 of 2018 Arising Out of PS.Case No. -78 Year- 2018 Thana -ARA NAGAR District- BHOJPUR ====================================================== Chandra Gupt Maurya @ Chandra Gupt Morya, Son of Braj Kishore Singh, Resident of Village- Barahara, P.S.- Charpokhari, District- Bhojpur, Ara .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy, Advocate For the Opposite Party/s : Mr. Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 23.06.2018 in connection with Ara Town P.S. Case No.78 of 2018 registered for the offence under Sections 379 and 411 of the Indian Penal Code.

Learned counsel for the petitioner submits that though the petitioner is not named in the FIR, yet on the basis of the confessional statement made before the police by one coaccused Dhiraj Kumar, the motorcycle was allegedly recovered from the rented house of the petitioner. It is further submitted that the petitioner was in custody earlier and is not aware of any such recovery as, admittedly, the petitioner was made to sign on a blank paper, which was taken him from before. Having considered the entire fact and circumstances

Patna High Court Cr.Misc. No.57742 of 2018 (2) dt.20-09-2018 2/2 of the case and that the confessional statement made before the police has no evidentiary value, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara, in connection with Ara Town P.S. Case No.78 of 2018, subject to the following conditions:

(1) One of the bailors will be the father of the petitioner.

(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 his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(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) PNM U T