Dinesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41886 of 2021 Arising Out of PS. Case No.-170 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== 1.

DINESH SAH Son of Nathuni Sah Resident of Village - Jamuniya, P.S. Lauriya, District - West Champaran.

2.

Manan Mian @ Hanan Ansari Son of Kalam Mian Resident of Village Noni Pakar, P.S. sathi, District - West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivjee Singh, Advocate.

For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioners and learned A.P.P. for the State. Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioners, who are in custody since 09.03.2021, seek regular bail in connection with Bettiah Town P.S. Case No. 170 of 2021 for the offence punishable under Section 414/34 of the Indian Penal Code.

The prosecution case, in brief, is that in the course of vehicle checking, while the petitioners were going on an unnumbered motorcycle bearing Engine No. 0E6CD2198866

Patna High Court CR. MISC. No.41886 of 2021(2) dt.22-01-2022 2/3 and Chassis No. MD634KE64D2C68159, on demand of the valid papers of registration, the petitioners above named could not produce the same before the police authority and accordingly the vehicle was seized.

Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and they have falsely been implicated in this case. He further submits that the petitioner had purchased the said motorcycle from one Manish Kumar of his own village, however he did not provide any valid documents with respect to the said motorcycle. The petitioners have clean antecedent and they are in custody since 09.03.2021. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioners.

Considering the aforementioned facts and circumstances of the case, period of custody of the petitioners and the fact that the petitioners are students, the petitioners, above named, are directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Bettiah Town P.S. Case No. 170 of 2021, subject to the following conditions:-

Patna High Court CR. MISC. No.41886 of 2021(2) dt.22-01-2022 3/3

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioners tamper 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 petitioners.

(4) If the petitioners are found involved in similar nature of offence, after their release on bail, the trial Court shall take steps to cancel their bail bonds.

(Purnendu Singh, J) mantreshwar/- U T