Patna High CourtCR. MISC./22994/2016bail granted

Dharmendra Kumar @Dharmendra Roy v. The State Of Bihar

2016-05-25Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court Cr.Misc. No.22994 of 2016 (2) dt.25-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22994 of 2016 Arising Out of PS.Case No. -104 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. DHARMENDRA KUMAR @ DHARMENDRA ROY son of Late Hari Sahani, Resident of Village Ghoraghat Jaisinghpur, P.S.- Turkaulia, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashank Shekhar For the Opposite Party/s : Mr. Amitesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-05-2016 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Turkaulia P. S. Case No. 104 of 2016 disclosing offence under Section 414/34 of the Indian Penal Code.

The petitioner has no criminal antecedent and he is in custody in connection with the present case since 05.03.2016. Allegedly, from his possession a motorcycle without number was recovered and in response to query made by the police, he told that he had taken the said motorcycle from one Dipu Yadav. Learned counsel for the petitioner has submitted that no case under Section 414 of the Indian Penal Code is made out in the absence of any allegation of theft of the motorcycle.

Patna High Court Cr.Misc. No.22994 of 2016 (2) dt.25-05-2016 Considering the above, this application is allowed. Let the petitioner above-named be released on bail on furnishing 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, Motihari in Turkaulia P. S. Case No. 104 of 2016. This is subject to the condition that the petitioner shall present himself before the police/court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U