Gagan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10087 of 2015 Arising Out of PS.Case No. -278 Year- 2014 Thana -SHRI KRISHNAPURI District- PATNA ====================================================== Rajan Kumar Son of Late Dilip Prasad, Resident of Near Regent Cinema Hall, Foothpath, Police Station - Gandhi Maidan, District - Patna. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.11972 of 2015 Arising Out of PS.Case No. -278 Year- 2014 Thana -SHRI KRISHNAPURI District- PATNA ====================================================== Gagan Kumar Son of Sri Mohan Yadav Resident of Village - Bhanwar Pokhar, Gowar toli, P.S.- Pirbahore, District -Patna .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 24-04-2015 Both these applications arise out of S. K. Puri P.S. Case no. 278 of 2014 for the offence punishable under Section 379 of IPC.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in the aforesaid case. Allegation is that one motorcycle was stolen. During investigation three persons including the petitioners riding on

Patna High Court Cr.Misc. No.10087 of 2015 (2) dt.24-04-2015 2/3 a motorcycle were arrested and remanded in this case. It is submitted that the petitioners who were arrested in Kadam Kuan P. S. Case No. 367 of 2014, had been enlarged on bail and they have been remanded in this case on 16.10.2014. After investigation, charge-sheet has already been submitted and there is no chance of tampering with the witnesses. Learned counsel for the State submits that the petitioners have also criminal antecedents.

Considering the facts and circumstances, the above named petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Sri Ashutosh Khetan, Judicial Magistrate, 1st Class, Patna /court concerned in S. K. Puri P. S. Case No. 278 of 2014 after framing of charge with following conditions:-

1. The petitioners will not indulge themselves in similar or any other offence.

2. One of the bailors must be the close relative of the petitioners.

3.

The petitioners will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail,

Patna High Court Cr.Misc. No.10087 of 2015 (2) dt.24-04-2015 3/3 their bail bonds would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T