Hiralal Nirala @ Hira Kumar Nirala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5524 of 2016 Arising Out of PS.Case No. -553 Year- 2015 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Hiralal Nirala @ Hira Kumar Nirala Son of Bujhawan Mandal Resident of village - Rampur, P.S. Hathauri, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. S.D. Singh Yadav (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 31-03-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Runisaidpur P.S. Case No. 553 of 2015 registered for the offence punishable under Section 414 of the Indian Penal Code. Allegedly, the petitioner was caught with Hero Honda Splender motor-cycle and did not produce any document. Submission is of false implication and that the petitioner has been made victim of the circumstances, there is no case regarding theft of alleged motor-cycle and without any fault the petitioner is suffering in custody since 16.10.2015, to which the learned APP opposes by submitting that for theft of motorcycle earlier Singhwara P.S. Case No. 172 of 2015 was

Patna High Court Cr.Misc. No.5524 of 2016 (3) dt.31-03-2016 2/2 registered and the recovered motor-cycle is the stolen motorcycle but fairly submits that the petitioner has got no criminal antecedent.

In the facts and circumstances stated above, the petitioner, above named, shall be released on bail after completion of six months in custody on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Sitamarhi in connection with Runisaidpur P.S. Case No. 553 of 2015, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) ajaypd./- U T