Mukesh Kumar Chaudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.15441 of 2017 (2) dt.18-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15441 of 2017 Arising Out of PS.Case No. -124 Year- 2016 Thana -BAKHRI District- BEGUSARAI ====================================================== Mukesh Kumar Chaudhary son of Harichandra Chaudhary, R/o villageAhok, P.s.- S. Kamal, District- Begusarai .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Yogesh Kumar For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-04-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Bakhri P.S. Case No. 124 of 2016 registered for the offences punishable under Sections 379/411 of the Indian Penal Code.

Allegedly, Hero Jet bicycle of the informant was taken away by a man after saying to bring the key of the shop but he did not came back and after inquiry on 22.06.2016 the petitioner was caught when he was trying to sell the said bicycle. The petitioner was also selling another bicycle and then was produced before the Police.

Submission is of false implication and that the petitioner has been made victim of circumstances, due to enmity he has been implicated, the prosecution case is full of lacuna, nothing was recovered from possession of the petitioner, the petitioner has got

Patna High Court Cr.Misc. No.15441 of 2017 (2) dt.18-04-2017 no criminal antecedent and he is suffering in custody since 22.06.2016.

Learned A.P.P. opposes the prayer of bail.

In the facts and circumstances stated above, considering the period of custody of the petitioner, 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 learned Sub-Divisional Judicial Magistrate, Begusarai in connection with Bakhari P.S. Case No. 124 of 2016, 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