Keshaw Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60631 of 2017 Arising Out of PS.Case No. -344 Year- 2017 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Keshaw Kumar, S/o Nand Lal Prasad, resident of village- Neknama Chak, P.S. Shivai Patti, District- Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ratneshwar Prasad, Adv. For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks bail in connection with Motipur Police Station Case No. 344 of 2017 registered for an offence under section 414 of the Indian Penal Code. The above case has been registered on the basis of self statement of S.I.-cum-S.H.O. of Motipur Police Station. It is alleged that on secret information the police party stared checking vehicle on public road and in course of checking, this petitioner was apprehended along with a stolen 'Bolero' vehicle. The learned counsel for the petitioner submits that the petitioner has no concern with the vehicle allegedly seized by the informant. The petitioner has been made accused merely on

Patna High Court Cr.Misc. No.60631 of 2017 (2) dt.19-12-2017 2/3 suspicion. This petitioner has clean antecedent and remained in custody for about three months.

The learned Additional Public Prosecutor opposed the submission.

Considering the clean antecedent of the petitioner, facts and circumstances of the case, the prayer of bail is allowed and the above named petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate (West), Muzaffarpur in connection with Motipur Police Station Case No. 344 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.

Patna High Court Cr.Misc. No.60631 of 2017 (2) dt.19-12-2017 3/3 (iv) If the petitioner is found involved in similar type of offence in future, the prosecution will have liberty to move for cancellation of his bail. (Sanjay Kumar, J) Mahesh/- U T