Bachcha Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 24280 of 2020 Arising Out of PS. Case No.-677 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== Bachcha Mukhiya Son of Late Ramnath Mukhiya Resident of Village-Siswa Tola Bodhana, P.S.-Banjariya, District-East Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Abhishek Kumar, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-09-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

The petitioner seeks bail in a case registered for the offence punishable under sections 379/411 of the Indian Penal Code.

The informant lodged a case stating that he purchased a motorcycle from one Santosh Kumar, but registration number of the same was not transferred in his favour. In the meantime, in the night of 6/7-10-2018 said motorcycle was stolen by unknown miscreants. Informant's motorcycle has been recovered by the side of house of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner's name has come in the case on the confessional statement of co-accused Raj Kumr Mukhiya, who has already been allowed bail by this Court, as mentioned in paragraph 14

Patna High Court CR. MISC. No. 24280 of 2020(2) dt.23-09-2020 2/2 of the bail petition. Motorcycle of the informant has not been recovered from the possession of the petitioner. Petitioner has got no criminal antecedent. Petitioner is in custody since 17.2.2020.

In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari in Turkauliya (Raghunathpur) Police Station Case No. 677/2018, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T