Guput Mahto @ Guput Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34758 of 2023 Arising Out of PS. Case No.-72 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== Guput Mahto @ Guput Bind, Male, aged about 21 years, S/o Ram Japit Bind R/o Village- Pachrukhiya Kala, P.S.-Koilwar, District-Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarendra Kumar, Advocate For the State :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Barahara P.S. Case No. 72 of 2023 dated 08.02.2023 registered for the offence punishable under Sections 414/34 of the Indian Penal Code.

The allegation against the petitioner is that one stolen motorcycle has been recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner was not sitting on the alleged motorcycle and there is

Patna High Court CR. MISC. No.34758 of 2023(2) dt.07-07-2023 2/3 no material to show that the seized motorcycle is also a stolen one and there is no independent witness. He further submits that the petitioner is in jail custody since 09.02.2023 and charge sheet has already been submitted although he has two criminal antecedents but he is on bail on those cases. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Barahara P.S. Case No. 72 of 2023, subject to the following conditions:- (i) 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. (ii) In case of absence on two consecutive dates without sufficient reason or if the petitioner misuse the liberty or violate any of the conditions imposed upon him his bail bond will be liable to be cancelled by the Court concerned. (iii) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.34758 of 2023(2) dt.07-07-2023 3/3 witness, in that case the prosecution will be at liberty to move for cancellation of bail.

(Sunil Dutta Mishra, J) P. Kumar U T