Sujit Kumar Suman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27 of 2019 Arising Out of PS. Case No.-141 Year-2018 Thana- SACHIVALAYA District- Patna ====================================================== Sujit Kumar Suman son of Sri Sanichar Sada, R/o Village Ramunia, P.O. Babhangama, P.O. Muffasil, District-Khagaria, At present R/o Behind Yamuna Apartment-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bajarangi Lal For the Opposite Party/s :

Mr.Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Sachivalaya P.S. Case No. 141 of 2018 registered for the offence punishable under Sections 420, 379, later on 411 of the Indian Penal Code.

Informant has alleged in the FIR that some technical fault has developed in his motorcycle, so he put his motorcycle on OLEX for sale and on call and pursuant thereto he went near Botanical garden with his bike and one person took the bike for a ride and thereafter did not came back and fled away. The Bike was subsequently recovered from the possession of petitioner. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. The

Patna High Court Cr.Misc. No.27 of 2019(2) dt.09-01-2019 2/2 date of institution of case is 19.09.2018, however same was sent to the court of A.C.J.M. on 24.09.2018 and even the seizure list was not enclosed with said FIR. Petitioner is in custody since 25.09.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-II, Patna, in connection with Sachivalaya P.S. Case No. 141 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T