Patna High CourtCR. MISC./48199/2014bail granted

Mangal Rai v. The State Of Bihar

2015-03-03Mr. Justice Kishore K. Mandal2 pages

Patna High Court Cr.Misc. No.48199 of 2014 (2) dt.03-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48199 of 2014 Arising Out of PS.Case No. -4 Year- 2014 Thana -GARKHA District- SARAN ======================================================

1. Mangal Rai Son of Sukhdeo Rai resident of village- Fursatpur, P.S.- Garkha, District- Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Rana Randhir Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 03-03-2015 Heard counsel for the petitioner and Mr. S. Dayal, A.P.P. for the State.

Petitioner is facing accusation punishable under Sections 413, 414, 34 of the I.P.C. in Garkha P.S. Case No.4 of 2014.

On the statement of co-accused, Om Prakash Rai, the house of the petitioner in his absence was searched and one motorcycle is said to have been recovered which according to the prosecution case was stolen motorcycle.

The contention of the petitioner is that he was bonafide purchaser of the motorcycle from co-accused, Om Prakash Rai.Another co-accused from whose possession similarly motorcycle was seized on the statement of co-accused Om Prakash

Patna High Court Cr.Misc. No.48199 of 2014 (2) dt.03-03-2015 Rai, has since been released on bail vide Cr. Misc. No.42837 of 2014. Petitioner is in custody since 05.09.2014 and has no criminal antecedent.

Considering the facts and circumstances of the case, let the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the court of learned Chief Judicial Magistrate, Saran at Chapra in connection with Garkha P.S. Case No. 4 of 2014, subject to the following conditions:

(i) One of the bailors shall be own/close family member of the petitioner.

(ii) In the event of framing of charge, the petitioner shall appear in person on all dates fixed thereat. In the event of default in doing so on two consecutive dates, the trial court shall cancel the bail of the petitioner and ensure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Saurabh/- U T