Ashutosh Kumar @ Langra v. The State Of Bihar

Patna High Court Cr.Misc. No.43972 of 2017 (2) dt.22-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43972 of 2017 Arising Out of PS.Case No. -69 Year- 2017 Thana -DALSINGHSARAI District- SAMASTIPUR ======================================================

1. Ashutosh Kumar @ Langra, Son of Late Raj Kumar Chaudhary, Resident of Village- Sokahara- 2 (Kalambagh Ward No. 10), Police StationPhulwaria, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Dalsingsarai P.S.Case No.69 of 2017 registered for offences punishable under Sections 379 and 411 of the Indian Penal Code. Allegation against the petitioner is of recovery of one stolen motorcycle form the house of the petitioner. It further appears that he is accused in six other cases of similar type. Submission of the learned counsel for the petitioner is that he is in custody for about six months and as matter of fact he has been falsely implicated in this case at the instance of his uncle and all the cases have been lodged at his instance. Heard learned A.P.P. also.

(iii) Having heard both sides and in view of the fact that the petitioner is in custody for about six months, let the

Patna High Court Cr.Misc. No.43972 of 2017 (2) dt.22-09-2017 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 A.C.J.M., Dalsingsarai, District Samastipur in connection with Dalsingsarai P.S.Case No.69 of 2017 and before releasing the petitioner, the learned trial court will verify the address of the petitioner as well as address of the petitioner and further till conclusion of the trial of this case and for one year, the petitioner 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 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.

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