Nanda @ Sachida Nand Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60506 of 2017 Arising Out of PS.Case No. -195 Year- 2017 Thana -BRAHMPURA District- MUZAFFARPUR ======================================================

1. Nanda @ Sachida Nand Patel S/o Shankar Patel @ Shankar Prasad Patl, R/o Village- Vaishali Kachahari Bazar, P.S.- Vaishali, Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Brahmpura P.S. Case No.195 of 2017 registered for the offences punishable under Sections 406, 364 and 379/34 of the Indian Penal Code.

It is alleged that a truck bearing No.WB-11B/2561 loaded with readymade goods was sent to different places for unloading the same but the said truck became traceless. On investigation, the truck in question was found at N.H.19 and some goods were recovered at Lalganj under Vaishali district. It has been submitted that this petitioner has been apprehended by police merely on suspicion at a different place in Muzaffarpur district,

Patna High Court Cr.Misc. No.60506 of 2017 (2) dt.19-12-2017 who confessed his complicity in the said crime. The petitioner is in custody since 24.09.2017 having clean antecedent and no T.I.P has been conducted till the date.

The learned A.P.P. for the State opposed the submission. Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Brahmpura P.S. Case No.195 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

Harish/- (Sanjay Kumar, J) U