Dharmendra Kumar @ Dharmendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23408 of 2016 Arising Out of PS.Case No. -7 Year- 2016 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Dharmendra Kumar @ Dharmendra Sah, Son of Sri Yogendra Sah, resident of village - Kusmahawa, Police Station Dhaka, District - East Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Ajay Kumar No.1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 30-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Chiraiya P.S. Case No. 07 of 2016 registered for offences under Section 379 of the Indian Penal Code. Later on Section 411 of the Indian Penal Code was added. The Police raided the garage of the petitioner and recovered two motorcycles. The petitioner has claimed one motorcycle belonging to him and another motorcycle as per the claim of the petitioner belongs to customer but the Counsel for the petitioner is not in a position to disclose the name of the customer. Third motorcycle is alleged to have stolen motorcycle and has been found at the abandoned place at Dhaka Block Development

Patna High Court Cr.Misc. No.23408 of 2016 (2) dt.30-05-2016 2/2 Office.

Let the petitioner, namely, Dharmendra Kumar @ Dharmendra Sah, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with Chiraiya P.S. Case No. 07 of 2016, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

While granting the bail to the petitioner, the Court below is directed to verify whether the second motorcycle belongs to customer or petitioner.

(Shivaji Pandey, J) Vats/- U T