Mausam Kumar @ Mausam Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78368 of 2018 Arising Out of PS. Case No.-505 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Mausam Kumar @ Mausam Chaudhary, Son of Ramdeshya Chaudhari, Resident of village- Mahmadpur, P.S. - Bhiyapur (Ahiyapur), DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Ahiyapur P.S. Case No. 505 of 2018 registered for the offence punishable under Sections 356, 382, 341, 411 of the Indian Penal Code.

Informant has alleged in his written complaint that while he was returning Sitamarhi from Patna after medical check-up of his associate, he was intercepted by unknown miscreants borne on a motorcycle and snatched away his Alto car. The car was recovered from the garage of Md. Chand and he confessed that the looted car was sold by Raushan Chaudhary and Mausam Chaudhary at the price of Rs.30,000/-. It has been submitted on behalf of the petitioner that except said confessional statement of Md. Chand, there is no

Patna High Court Cr.Misc. No.78368 of 2018(2) dt.24-01-2019 2/2 any other incriminating material against the petitioner. It has been further submitted that the said Md. Chand has been enlarged on bail by a co-ordinate Bench of this Court, as contained in Annexure 3. Petitioner is in custody since 23.07.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Muzaffarpur in connection with Ahiyapur P.S. Case No. 505 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 case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T