Udai Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53288 of 2016 Arising Out of PS.Case No. -52 Year- 2016 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Udai Rai S/o Sri Ram Pukar Rai, Resident of Village- Rampur Dakchhin, P.S.- Hathauri, District- Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Om Prakash, Advocate For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sangrampur P.S.Case No. 52 of 2016 registered for the offences punishable under Sections 413, 414, 467, 468, 471 and 120B of the Indian Penal Code.

It has been submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner and he is no concern with the stolen motorcycle or tempo. It has further been submitted that as no case has been filed with respect to stolen motorcycle, no case is made out under Section 414 IPC against the petitioner and petitioner has remained in custody for 10 months having no criminal antecedent and co-accused having similar allegation has been granted bail by this Court in Cr.Misc.No. 37076 of 2016, vide order dated 5.9.2016. Heard learned APP also.

Having heard both sides and considering the facts and circumstances of the case, as stated above, let the petitioner, above

Patna High Court Cr.Misc. No.53288 of 2016 (4) dt.04-04-2017 2/2 named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari, in connection with Sangrampur P.S.Case No. 52 of 2016, subject to the conditions that before releasing the petitioner the court below will verify his criminal antecedents and if it is found otherwise he will not be released and the court below will inform this Court about the same and further conditions :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U