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Patna High CourtCR. MISC./41096/2018bail granted

Ashwini Kumar v. The State Of Bihar

2018-09-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41096 of 2018 Arising Out of PS.Case No. -71 Year- 2018 Thana -AMNAUR District- SARAN ======================================================

1. ASHWINI KUMAR S/o Tarkeshwar Manjhi, resident of VillageAmnaur, P.S.- Amnaur, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nawal Kishore Singh For the Opposite Party/s : Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-09-2018 Heard the parties.

The petitioner seeks regular bail in connection with Amnaur P.S.Case no.71 of 2018 registered for offences punishable under Sections 413, 414/34 of the Indian Penal Code. Allegation against the petitioner as per FIR is that the police got informant that a talk is going on for sale and purchase of the stolen motorcycle in the house of Ravan Manjhi and thereafter the police reached there and arrested the petitioner along with the stolen motorcycle.

Submission of the learned counsel for the petitioner is that he was standing there and he has nothing to do with the stolen motorcycle and he has no criminal antecedent. The petitioner has remained in custody for about four months.

Patna High Court Cr.Misc. No.41096 of 2018 (3) dt.25-09-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of ACJM-II, Saran at Chapra in connection with Amnaur P.S.Case No.71 of 2018.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T