Shishupal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70612 of 2018 Arising Out of PS. Case No.-279 Year-2018 Thana- GOGRI District- Khagaria ====================================================== Shishupal Kumar Son of Faudi Singh @ Faudi Prasad Singh Resident of Village-Mahddipur,P.S. Pasraha,Distt.-Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Gogari (Poura) P.S. Case No.279/2018 registered for the offence punishable under Section 414 of the Indian Penal Code.

Informant is the police officer who has alleged that the petitioner along with two other co-accused were apprehended while going on motorcycle and on demand, they could not produce the ownership of the vehicle and, as such, they were arrested for riding on a stolen motorcycle. However, it has been submitted on behalf of the petitioner that the motorcycle is not stolen and Nitish Kumar one of the co-accused is the owner of the motorcycle and he has produced the ownership document before the court below. It has been further submitted that the petitioner has no criminal

Patna High Court Cr.Misc. No.70612 of 2018(2) dt.10-12-2018 2/3 antecedent and one of the co-accused, Nitish Kumar, has already been granted bail by a co-ordinate Bench of this Court vide order dated 05.12.2018 passed in Criminal Miscellaneous No.70054 of 2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria in connection with Gogari (Poura) P.S. Case No.279/2018, with following 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 the Court and his absence on two consecutive dates without sufficient reason, 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,

Patna High Court Cr.Misc. No.70612 of 2018(2) dt.10-12-2018 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T