Raj Kishore Gareri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78297 of 2018 Arising Out of PS. Case No.-540 Year-2018 Thana- JAYNAGAR District- Madhubani ====================================================== Raj Kishore Gareri Son of Pulkit Gareri Resident of Village- Barhi, P.S.-Jay Nagar, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav, Adv.

For the Opposite Party/s :

Mr.Sri Sunil Kumar Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Jay Nagar P.S. Case No. 540 of 2018 registered for the offences punishable under Section 414, 34 of the Indian Penal Code.

Allegation against petitioner is recovery of stolen motorcycle from his garrage where he is a mechanic It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner used to repair the motorcycles and was not aware that the motorcycle which has been brought for repair is a stolen one. He has no criminal antecedent and is in custody since 25.09.2018.

Patna High Court Cr.Misc. No.78297 of 2018(2) dt.16-01-2019 2/2 Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Madhubani, in connection with Jay Nagar P.S. Case No. 540 of 2018, subject to 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 Court and his absence on two consecutive dates without sufficient reasons, 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) Rajiv/- U T