Sushil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6559 of 2015 Arising Out of PS.Case No. -172 Year- 2013 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ======================================================

1. Sushil Kumar Singh Son of Late Bari Prasad Singh Resident of Village - Nadyami, P.S. - Kusheshwar Asthan, Dist.-Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Nath Mishra, Advocate For the Opposite Party/s : Mr. Upendra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-02-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 379, 411, 414 of the Indian Penal Code.

It is alleged that three suspected stolen motorcycle were recovered with one person Md. Alauddin, who was apprehended. The name of the petitioner sprang up on the confessional statement of co-accused as one of the person who escaped after seeing the police, leaving one motorcycle. It is submitted by the learned counsel for the petitioner that non of the three motorcycles were registered in the name of the petitioner and the co-villager Ganesh Singh has deposed against the petitioner since he was a witness in

Patna High Court Cr.Misc. No.6559 of 2015 (2) dt.19-02-2015 a case. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Kusheshwar Asthan P.S. Case No. 172 of 2013, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. The bail bond of the petitioner shall be accepted by the learned court below on filing affidavit to the effect that on verification of the fact that non of the seized motorcycles were registered in the name of the petitioner as well as that he will cooperate during investigation. The said affidavit will be transmitted to the local Police Station. The non-cooperation in the investigation will give liberty to the learned court below to cancel the bail bond of the petitioner.

(Dinesh Kumar Singh, J) P.K./- U T