Birendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69739 of 2018 Arising Out of PS. Case No.-166 Year-2018 Thana- BRAHMPURA District- Muzaffarpur ====================================================== Birendra Singh Son of Late Bivikshan Singh Resident of Village-Panna Chhapra @ Panachhapra,P.S. Motipur,Distt.-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Sri Mritunjay Kumar Nirala (APP- 109) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Brahampura P.S. Case No. 166 of 2018 registered for the offences punishable under Sections 401, 414 of the Indian Penal Code.

Informant has alleged that an attempt was made by the F.I.R. named accused to commit theft of his motorcycle and he was apprehended and in his confessional statement he has made petitioner as co-accused in this case.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Nothing was recovered from his conscious possession. Petitioner has no criminal antecedent and is in custody since

Patna High Court Cr.Misc. No.69739 of 2018(2) dt.06-12-2018 2/2 24.08.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Muzaffarpur, in connection with Brahampura P.S. Case No. 166 of 2018 subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and their absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/Manoj U T