Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38500 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -HATHAURI District- MUZAFFARPUR ======================================================

1. Rahul Kumar, S/o Vijay Prasad, resident of Village- Minapur Turki, P.S.- Minapur, District- Muzaffarpur, At present resident of Village- Zeromile Ganeshpur, P.S.- Ahiyapur, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with B.P.No.1369 of 2017 arising out of Hathauri P.S.Case No.13 of 2017, registered for offences punishable under Sections 356 and 379 of the Indian Penal Code.

Allegation against the petitioner is about recovery of one stolen motorcycle from the petitioner and one co-accused. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case. He has no criminal antecedent and remained in custody for about five months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.38500 of 2017 (3) dt.01-09-2017 2/2 circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Muzaffarpur in connection with Hathauri P.S.Case No.13 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 disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. (iv) Further condition that till conclusion of the trial of this case, he will make his attendance before the concerned Police Station of the area in the first week of every month, otherwise, his bail bond shall be cancelled.

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