Patna High CourtCR. MISC./49115/2015bail granted

Suraj Kumar v. The State Of Bihar

2016-01-04Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49115 of 2015 Arising Out of PS.Case No. -164 Year- 2015 Thana -PATNA CITY CHOWK District- PATNA ======================================================

1. Suraj Kumar S/o Pras Prasad. Resident of Mangal Talab Water Tower Dira Par, P.S. Chowk, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Pradip Nr.Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-01-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 414 and 34 of the I.P.C Allegedly, the petitioner was caught with motorcycle, whereas, another person managed to flee away and the petitioner did not produce any paper for that motorcycle. Submission is of false implication and that no complaint of theft regarding the said motorcycle has been lodged. No one has claimed that motorcycle, the motorcycle was purchased by the family members of the petitioner from Subodh Nandan Sinha, no case under section 414 I.P.C. is made out and the petitioner is suffering in custody since 01.08.2015.

Patna High Court Cr.Misc. No.49115 of 2015 (3) dt.04-01-2016 2/2 The learned A.P.P. opposes prayer for bail by submitting that the petitioner has got criminal antecedent. In the facts and circumstances as stated above, considering the custody of the petitioner and further that there is no claimant of the said motorcycle, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. Patna City, Patna in Chowk P.S. Case No. 164 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T