Pawan @ Pawan Kumar @ Mithu @ Mithu Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.54335 of 2017 (2) dt.15-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54335 of 2017 Arising Out of PS.Case No. -482 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Pawan @ Pawan Kumar @ Mithu @ Mithu Kumar, Son of Jang Bahadur Prasad, resident of Village- Surha, P.S.- Muffasil, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramakant Yadav For the Opposite Party/s : Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2017 The petitioner seeks regular bail in connection with Turkaulia P.S. Case No. 482 of 2017, registered for offences punishable under Sections 401 and 414 of the Indian Penal Code. Allegation as per F.I.R is that police intercepted two motorcycles and in one of the motorcycles petitioner was pillion rider and from his possession one knife was recovered and it is alleged that motorcycles were stolen motorcycles. It has been submitted on behalf of the petitioner that petitioner has nothing to do with the recovery of stolen motorcycle and he was just sitting with the co-accused of this case without knowing the fact that the motorcycle was a stolen one. Moreover, petitioner has sufficiently been punished as he has been in judicial custody since 09.08.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let

Patna High Court Cr.Misc. No.54335 of 2017 (2) dt.15-11-2017 the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Motihari, in connection with Turkaulia P.S. Case No. 482 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