Pawan Kumar Mahto @ Pawan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45543 of 2017 Arising Out of PS.Case No. -79 Year- 2017 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================
1. Pawan Kumar Mahto @ Pawan Kumar, Son of Jibachh Mahto @ Prem Lal Mahto, Resident of Village- Mannipur, Ward nO. 1, Police StationWarisnagar (Mathurapur O.P.), District- Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rana Sanjay Kumar Singh For the Opposite Party/s : Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-10-2017 Heard the parties.
The petitioner seeks regular bail in connection with Samastipur (Muffasil) P.S.Case nO.79 of 2017 registered for offences punishable under Sections 379 and 411 of the Indian Penal Code.
The petitioner is not named in the FIR. The case is of theft of the motorcycle, which has been recovered from coaccused, who has disclosed name of the petitioner as he is the person from whom, he has purchased the motorcycle. Submission of the learned counsel for the petitioner is that except confession there is nothing against him and he is in custody for four months and though he is accused in three other
Patna High Court Cr.Misc. No.45543 of 2017 (3) dt.11-10-2017 2/3 cases also but one case is related to the present case and in all other case he is on bail.
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 B.N.Tripathi, J.M. 1st Class, Samastipur in connection with Samastipur (Muffasil) P.S.Case No.79 of 2017. 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 on the event of failure on his part 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.
(iv) Further condition that he will make his attendance before the concerned Police Station of the area in the first week of every month for the period of one year, otherwise, his bail bond shall be cancelled.
Let a copy of this order be communicated to the S.P., Samastipur.
Patna High Court Cr.Misc. No.45543 of 2017 (3) dt.11-10-2017 3/3 With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) chn/- U