Kanhaiya Kumar Chaudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.5135 of 2016 (3) dt.29-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5135 of 2016 Arising Out of PS.Case No. -152 Year- 2015 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Kanhaiya Kumar Chaudhary S/o Late Jhagaru Chaudhary Resident of village - Singiya Hiban, P.S. Banjariya, District - East Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Sharda Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-03-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Ghorasahan P.S. Case No. 152 of 2015 registered for the offence punishable under Section 379 of the Indian Penal Code.

The petitioner is not named in the first information report and he has been remanded in this case on the allegation that he is a professional motorcycle thief.

Submission is of false implication and that against the petitioner there is no legal and cogent material except suspicion, in another case he is on bail and without any tangible material he is suffering in custody since 09.11.2015.

Learned APP fairly submits that nothing has been recovered and chargesheet has already been submitted under

Patna High Court Cr.Misc. No.5135 of 2016 (3) dt.29-03-2016 Section 379 of the Indian Penal Code.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sikarahana at Dhaka, East Champaran in connection with Ghorasahan P.S. Case No. 152 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T