Bechan Kumar @ Bechan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48523 of 2017 Arising Out of PS.Case No. -429 Year- 2017 Thana -SUPAUL District- SUPAUL ====================================================== Bechan Kumar @ Bechan Yadav, Son of Jay Krishna Prasad Yadav, Resident of Village- Sahugadh, P.S.+District- Madhepura. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Supaul P.S. Case No. 429 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 during course of checking one red motorcycle was found and three persons in a suspicious condition was standing beside it, out of which two persons were apprehended including the petitioner and one Vivek Kumar managed to flee away. On the confession of co-accused Sourav Kumar, it was found that said motorcycle was stolen one and revealed the name

Patna High Court Cr.Misc. No.48523 of 2017 (2) dt.16-10-2017 2/3 of some friends were also involved in the said theft of motorcycle. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that he has not involved in the said offence and that he is languishing in judicial custody since 30.07.2017.

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 furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 429 of 2017, subject to the conditions that: (1) Both bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station/ court, who will file an affidavit stating their relationship with the petitioner.

Patna High Court Cr.Misc. No.48523 of 2017 (2) dt.16-10-2017 3/3 (2) If the petitioner indulges in an offence of 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