Pramod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41087 of 2017 Arising Out of PS.Case No. -24 Year- 2017 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Pramod Rai Son of Heera Rai Resident of Village- Konhva, P.S. Kotwa, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Adv. For the Opposite Party/s : Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-09-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 26.05.2017 in connection with Kotwa P.S. Case No. 24/2017, for the offences punishable under Sections 413 and 414 of the Indian Penal Code.

As per prosecution, on secret information that in a motorcycle garage, stolen motorcycles are bought and sold, the informant police personnel raided the garage and apprehended coaccused Anu Thakur and also recovered one motorcycle. Anu Thakur revealed that the petitioner has sold the motorcycle to him, which was being re-fabricated by him for sale. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.41087 of 2017 (2) dt.18-09-2017 2/2 petitioner that he is innocent, bears no criminal history and nothing has been recovered from his conscious possession. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, the learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and materials on record, let the petitioner named above, 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 Additional Chief Judicial Magistrate Xth, East Champaran Motihari in connection with Kotwa P.S. Case No. 24/2017, subject to the condition that one of the bailors would be a close relative of the petitioner and if the petitioner is found to have indulged in similar offence in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds. (Nilu Agrawal, J) Vinita/- U T