Jhandu Goha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30264 of 2019 Arising Out of PS. Case No.-141 Year-2018 Thana- THAKURGANJ District- Kishanganj ====================================================== JHANDU GOHA Son of Ravi Goha Resident of Teyabpur Matigargha, P.S.- Pothia, District- Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate.

For the Opposite Party/s :

Ms.Anita Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-05-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Thakurganj P.S. Case No. 141 of 2018, instituted for the offence under Section(s) 413 and 414 of the Indian Penal Code.

It is alleged in the written report that informant during course of patrolling duty intercepted one Motorcycle on which three persons were found sitting. They were apprehended by the Police. They disclosed their names as Zahidur Islam, Zhandu Goha (petitioner) and Rana Chhetri. On demand they could not produce papers with regard to the Motorcycle in question. They confessed before the Police that they were going to sell in Islampur.

Counsel for the petitioner submits that petitioner was

Patna High Court CR. MISC. No.30264 of 2019(2) dt.08-05-2019 2/2 merely found sitting on the Motorcycle. He had no knowledge that the Motorcycle on which he was riding, was stolen one. Petitioner is in custody since 7.10.2018.

Keeping in view the period spent by the petitioner in custody, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj, in connection with Thakurganj P.S. Case No. 141 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner with further conditions which are as follows:

(i) Petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court (ii) In absence on two consecutive dates without any valid reason, the bail bonds of the petitioner will liable to be cancelled and (iii) if petitioner tampers with the evidence or the witnesses of the case, in that event, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T