Dipu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40540 of 2017 Arising Out of PS.Case No. -296 Year- 2016 Thana -MAKHDUMPUR District- JEHANABAD ======================================================

1. Dipu Kumar S/o Rajbalam Yadav, Resident of Village- Bhattu Bigha, P.S.- Tharthari, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-08-2017 The petitioner seeks regular bail in connection with Makhdumpur P.S. Case No. 296 of 2016, registered for offences punishable under Section 392 of the Indian Penal Code. The case relates to theft of one Swift Dzire vehicle. It has been submitted on behalf of the petitioner that for the same offence two cases one in bihar and another in Jharkhand has been registered as the alleged vehicle has been recovered in Palkot, Gumla, Jharkhand, for which a case being Palkot P.S. Case No. 02/2017 was registered against the informant, in which he has been granted bail by the Hon'ble Jharkhand High Court, which will appear from Annexure - 2 of this petition. Petitioner has been in judicial custody since 31.05.2017.

Heard learned A.P.P. also.

Having heard both sides, this application is disposed of with direction to the court below that if petitioner furnishes the papers showing that with respect to the same vehicle Palkot P.S. Case No. 02/2017 was registered against the petitioner and the court below before accepting the bail bonds of the petitioner is directed to verify the fact that the vehicle that has been recovered from Jharkhand bears the same no. as in the present case and, thereafter, the court below shall release the petitioner on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned SDJM, Jehanabad, in connection with Makhdumpur P.S. Case No. 296 of 2016, subject to the 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 cooperate 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.

(Vinod Kumar Sinha, J) sunil/- U T