Naresh Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55647 of 2017 Arising Out of PS.Case No. -299 Year- 2017 Thana -KANTI THARMAL POWER District- MUZAFFARPUR ===================================== Naresh Baitha, S/o Hira Baitha, R/o Village- Mahwal, P.S.- Motipur, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s :Mr. Narendra Kr. Singh (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-12-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This is a case registered for the offence punishable under Sections 379 and 411 of the Indian Penal Code.

The allegation is that the petitioner was apprehended while breaking the shop of the informant. Learned Counsel for the petitioner submits that the recoveries attributed to him, as per the seizure list, has not been prepared in accordance with law and that he is in

Patna High Court Cr.Misc. No.55647 of 2017 (2) dt.12-12-2017 2/2 custody since 02.08.2017 in connection with such false allegation. He is a man of clean antecedent and that the investigation in the case is complete and there is no chance of tampering with the evidence.

Considering the aforesaid submissions, the prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I (West), Muzaffarpur, in connection with Kanti P.S. Case No. 299 of 2017, subject to the conditions:

(i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. (Madhuresh Prasad, J) Praveen-II/- U T