Dadu Kumar @ Aditya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 732 of 2018 Arising Out of PS.Case No. -375 Year- 2017 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== DADU KUMAR @ ADITYA S/o Kumbhnath Chaudhary, R/o VillageTumkariya, P.S.- Bairiya, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Bimlesh Kumar Pandey, Advocate For the S t a t e : Smt Sahin Begam, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 11-01-2018 Heard counsel for the petitioner and the State. Petitioner seeks bail in a case registered under Section 379 of Indian Penal Code.

Petitioner's counsel submits that the petitioner is not named in the first information report and that nothing has been recovered from his possession. Petitioner submits that he has falsely been implicated in this case by the police by assigning the reason that a motorcycle has been recovered from the premises of the structure owned by his landlord. It is submitted that along with the petitioner, there are many tenants. Prior to the instant case, there is no criminal antecedent of the petitioner. He is a student and is in custody since 07.11.2017 only on the basis of his

Patna High Court Cr.Misc. No.732 of 2018 (2) dt.11-01-2018 2/2 confessional statement recorded before the police. Charge sheet has also been submitted in this case.

Considering the aforesaid submissions, 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 V, Bettiah, West Champaran in Chanpatiya Police Station Case No 375 of 2017 subject to the following 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) M.E.H./- U T