Binod Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39403 of 2016 Arising Out of PS.Case No. -140 Year- 2016 Thana -ISHAKCHAK District- BHAGALPUR ====================================================== Binod Singh Son of Rohit Singh Resident of Village- Nand Lal Patti(Sultanpur), P.S. Amarpur District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar Pandey For the Opposite Party/s : Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Ishakchak P.S. Case No. 140 of 2016 registered for offence under section 379 of the Indian Penal Code. As per the first information report, the petitioner, who is driver of the informant, parked the vehicle and handed over the key of vehicle to the father-in-law of the informant. In the next morning, the petitioner informed the informant that the vehicle is not there where he had parked yesterday. Presumption has been shown by the informant that the petitioner is involved in this incident, but nothing has been transpired against the petitioner. Looking to the facts and circumstances of the case,

Patna High Court Cr.Misc. No.39403 of 2016 (2) dt.17-09-2016 2/2 let the petitioner, Binod Singh, be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bhagalpur in connection with Ishakchak P.S. Case No. 140 of 2016, subject to the condition that (i) one of the bailors shall be father/mother/wife/son 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 his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate in 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.

(Shivaji Pandey, J) Mahesh/- U T