Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80477 of 2018 Arising Out of PS. Case No.-215 Year-2018 Thana- SHEOHAR District- Sheohar ====================================================== Golu Kumar S/o- Subodh Upadhyay, Resident of Village - Shahpur, P.S.- Sheohar, District- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Sheohar P.S. Case No. 215 of 2018 registered for the offence punishable under Sections 413 and 414 of the Indian Penal Code.

Allegation is recovery of a motorcycle from the house of petitioner and on demand he could not produce any ownership paper in respect of said motorcycle. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He has purchased the motorcycle and was not aware that said is a stolen motorcycle. Petitioner is also accused in similar nature of case as detailed in paragraph-3 of the petition.

Considering the fact that petitioner is having similar

Patna High Court Cr.Misc. No.80477 of 2018(5) dt.21-02-2019 2/3 nature of criminal antecedent, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected.

However, it is observed that the petitioner named above be released on bail after completing six months of jail custody by the court below upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar, in connection with Sheohar P.S. Case No. 215 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that

Patna High Court Cr.Misc. No.80477 of 2018(5) dt.21-02-2019 3/3 case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) manoj/- U