Dankal Kumar @ Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18430 of 2016 Arising Out of PS.Case No. -308 Year- 2015 Thana -SAHARSA District- SAHARSA ======================================================

1. Dankal Kumar @ Chhotu Kumar Son of Maheshwar Prasad Yadav resident of village - Dharhara, Dhatta, P.S. Raghopur, District - Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subesh Sharma For the Opposite Party/s : Mr. Anish Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 379 of the Indian Penal Code. Allegation has been made in the First Information Report that the informant had gone to the shop, when he returned found that his motor-cycle was stolen and the same was recovered from the possession of the petitioner. Learned counsel for the petitioner submits that for the recovery of motor-cycle a separate case has been registered and for that petitioner has filed bail before this Court. Petitioner is in jail since 23.5.2015.

Though petitioner has large number of cases over his

Patna High Court Cr.Misc. No.18430 of 2016 (4) dt.19-05-2016 head but looking to the period of custody, let petitioner, Dankal Kumar alias Chhotu Kumar, 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 Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 308 of 2015, subject to the conditions that (i) one of the bailors shall be a close relative of the petitioner (ii) If the petitioner is found involved in future in similar type of case the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order including cancellation of bail and (ii) petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioner.

Vinay/- (Shivaji Pandey, J) U T