Dhiraj Kumar Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.52622 of 2017 (2) dt.14-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52622 of 2017 Arising Out of PS.Case No. -495 Year- 2017 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Dhiraj Kumar Rai, Son of Manoj Rai, Resident of Village- Naya Bazar Gola Ghat, P.S.- Tatarpur, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-11-2017 The petitioner seeks regular bail in connection with Kotwali (Adampur) P.S. Case No. 495 of 2017, registered for offences punishable under Section 379 of the Indian Penal Code. Allegation is of recovery of one stolen motorcycle from the petitioner.

It has been submitted on behalf of the petitioner that out and out false allegation has been made against the petitioner and in fact no recovery has been made from the possession of the petitioner and he was only sitting at a tea stall beside which the said motorcycle was parked. Further he has no criminal antecedent and has been in custody since 09.08.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail

Patna High Court Cr.Misc. No.52622 of 2017 (2) dt.14-11-2017 bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhagalpur, in connection with Kotwali (Adampur) P.S. Case No. 495 of 2017,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