Nandan Chauhan @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26183 of 2016 Arising Out of PS.Case No. -433 Year- 2015 Thana -SIWAN MUFFASIL District- SIWAN ======================================================

1. Nandan Chauhan @ Raja Son of Prabhu Nath Chauhan Resident of Village- Khurmabad, Police Station Siwan Mufasil District Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-413, 414 of the Indian Penal Code.

Petitioner is said to have been caught by the informant and other police officials, when he was found sitting on a motorcycle. The police seized the motorcycle as well as one key of motorcycle, which is said to have been recovered from possession of the petitioner. The informant claims that the seized motorcycle is stolen property.

Paragraph-36 of the case diary goes to show that in course of investigation, the aforesaid motorcycle was released in favour of Usha Kumari but submission on behalf of the petitioner

Patna High Court Cr.Misc. No.26183 of 2016 (5) dt.17-11-2016 2/2 is that the I.O. could not succeed to bring evidence on record to show that the seized motorcycle is stolen property though the said motorcycle is said to have been released in favour of Usha Kumari. It is further submitted that the petitioner is in jail custody since 27-10-2015.

No doubt, earlier petitioner was made accused in two cases but considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Siwan Muffasil P.S. Case No. 433 of 2015 corresponding to Sessions Trial No. 188 of 2016 to the satisfaction of Learned Additional Sessions Judge-II, Siwan subject to condition that the petitioner shall attend the trial court, in person on each and every date for a period of six months or till conclusion of his trial, whichever is earlier and if, he fails to do so on two consecutive dates without any reasonable cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. (Hemant Kumar Srivastava, J) A.K.V./- U T