Binod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43549 of 2017 Arising Out of PS.Case No. -121 Year- 2017 Thana -MAHARAJGANJ District- SIWAN ====================================================== Binod Rai Son of Ramashish Rai, Resident of Village-Bhatwaliya, Police Station-Janta Bazar, District-Chapra (Saran). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 27.06.2017 in connection with Maharajganj P.S. Case No. 121 of 2017 for offences punishable under Sections 414,34 of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that on patrolling duty they intercepted a white Bolero stolen Pick Van and the petitioner who was the driver tried to escape but was apprehended and disclosed the name of three other co-accused who had given Rs. 2000/- to park the car at a particular place and on doing the work would get another Rs. 3000/-.

Patna High Court Cr.Misc. No.43549 of 2017 (3) dt.14-11-2017 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, not involved in dealing with stolen vehicle and out of greed he had taken the stolen Bolero car to be parked at the destination. He submits that he has no criminal history and is languishing in judicial custody since more than four months.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on completion of six months in custody 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 Magistrat-IV, Siwan in connection with Maharajganj P.S. Case No. 121 of 2017, subject to the conditions that: (1) Both bailors would be close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner.

(2) If the petitioner indulges in an offence of

Patna High Court Cr.Misc. No.43549 of 2017 (3) dt.14-11-2017 3/3 similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T