Md. Raju @ Raju Khan@Md. Raju Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61772 of 2018 Arising Out of PS.Case No. -58 Year- 2018 Thana -PIRO District- BHOJPUR ====================================================== MD. RAJU @ RAJU KHAN@MD. RAJU KHAN son of Saduruddin Khan, resident of Mohalla Piro Wad No.15, P.S.Piro, District Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Ataul Haque For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-10-2018 Heard the parties.

The petitioner seeks regular bail in connection with Piro P.S.Case no.58 of 2018 dated 26.2.2018 registered for offences punishable under Sections 413 and 414 of the Indian Penal Code. Allegation against the petitioner is that he was arrested with Hero Honda Motorcycle, which is said to be stolen one. Submission of the learned counsel for the petitioner is that he has purchased the same from the co-accused not knowing the fact that it is stolen one. He is in custody for seven months and he has no criminal antecedent.

Heard learned A.P.P. also, who has opposed the prayer for bail stating that as he was aware that it is stolen motorcycle, he has purchased the same.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.61772 of 2018 (2) dt.11-10-2018 2/2 circumstances, as stated above, 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 Sessions Judge, Bhojpur at Arrah in connection with Piro P.S.case No.58 of 2018 in S.T.No.174 of 2018. 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