Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62241 of 2017 Arising Out of PS.Case No. -387 Year- 2017 Thana -MOTIPUR District- MUZAFFARPUR ======================================================

1. Raj Kumar S/o Vipat Bhagat, R/o Village- Andaul, P.S.- Baruraj, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Sri Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-01-2018 Heard the parties.

The petitioner seeks regular bail in connection with Motipur P.S.Case No.387 of 2017 registered for offences punishable under Sections 413 and 414 of the Indian Penal Code. Allegation against the petitioner is about recovery of one stolen Honda Motorcycle from his possession.

Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case. There is nothing available on the record to show that the motorcycle was stolen one. He has no criminal antecedent and he is in custody for about 2 1⁄2 months.

Heard learned A.P.P. also.

Having heard both sides and in view of the fact that the

Patna High Court Cr.Misc. No.62241 of 2017 (2) dt.12-01-2018 2/2 petitioner has no criminal antecedent, 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 S.D.J.M. (West) Muzaffarpur in connection with Motipur P.S.Case No.387 of 2017 dated 21.10.2017.

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