Patna High CourtCR. MISC./17122/2018bail granted

Bhupendra Kumar Yadav @ Bhupendra Kumar v. The State Of Bihar

2018-04-27Mr. Justice Madhuresh Prasad2 pages

Patna High Court Cr.Misc. No.17122 of 2018 (3) dt.27-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17122 of 2018 Arising Out of PS.Case No. -7 Year- 2018 Thana -FORBESGANJ District- ARRARIA ====================================================== Bhupendra Kumar Yadav @ Bhupendra Kumar, S/o Yogendra Yadav, Resident of Village- Bhangahi, Ward No. 10 P.S. Fulkaha, District Araria. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Anil Prasad Singh, Advocate For the Opposite Party : Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 27-04-2018 Heard counsel for the petitioner and the State. Petitioner is an accused in a case registered for offence under sections 413, 414/34 of the IPC.

Learned counsel for the petitioner submits that as per allegation in the FIR the petitioner at best can be said to be a pillion of the motorcycle which is said to have been stolen. He further submits that the allegation of theft of motorcycle is false and fabricated as there is nothing on the record to show that the motorcycle in question was ever stolen. Prior to the lodging of this case, petitioner is not accused in other case. Petitioner is in custody in connection with this case since 4.1.2018. Considering the aforesaid submissions, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two

Patna High Court Cr.Misc. No.17122 of 2018 (3) dt.27-04-2018 sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in Forbesganj Police Station Case No. 07 of 2018 on the following grounds:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner and (b) The Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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