Patna High CourtCR. MISC./54622/2017bail granted

Hariom Mishra v. The State Of Bihar

2017-11-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54622 of 2017 Arising Out of PS.Case No. -16 Year- 2017 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Hariom Mishra Son of Sri Anand Mishra, R/o Village- Sugaon, P.S.- Sugauli, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with Sugauli P.S.Case No.16 of 2017 registered for offences punishable under Section 414 of the Indian Penal Code.

Allegation against the petitioner is about recovery of one stolen motorcycle from the possession of the petitioner and it further appears that he is accused in two other cases also. Submission of the learned counsel for the petitioner is that there is no compliance of Section 100 of Cr.P.C. in making seizure list and though the petitioner is accused in two other cases but he is on bail and he has remained in custody for ten months. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.54622 of 2017 (2) dt.17-11-2017 2/2 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 the learned J.M. 1st Class, Motihari, East Champaran in connection with Trial No.603 of 2017 arising out of Sugauli P.S.Case No.16 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 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