Patna High CourtCR. MISC./55381/2017bail granted

Subhash Kumar v. The State Of Bihar

2017-12-13Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 55381 of 2017 Arising Out of PS.Case No. -231 Year- 2017 Thana -KHIJARSARAI District- GAYA ====================================================== Subhash Kumar, S/o Manoj Kumar, Resident of Village-Raman Bigha, P.S.-Khizersarai, District-Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Ravindra Kumar Sinha, Advocate For the Opposite Party/s : Ms Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2017 Heard counsel for the petitioner and the State. The petitioner is accused in Khizersarai Police Station Case No 231 of 2017 registered for the offence punishable under Sections 413, 414/34 of Indian Penal Code. Allegation is that one stolen motorcycle was recovered from the house of the petitioner. Counsel for the petitioner submits that there are several occupants in the house and that the motorcycle in question has not been recovered from the conscious possession of the petitioner. He alleges infirmity in the seizure list and on the basis of such allegation, he is in custody since 19.08.2017 although he is a handicapped student. One case has been mentioned as pending against the petitioner since before but in the said case, he submits that he is on bail.

Patna High Court Cr.Misc. No.55381 of 2017 (3) dt.13-12-2017 2/2 Having regard to the submissions made on behalf of the petitioner, prayer for bail 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 Additional Chief Judicial Magistrate VII, Gaya in Khizersarai Police Station Case No 231 of 2017 subject to the following conditions:

(1) 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.

(2) 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) M.E.H./- U T