Vijay Kumar Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.48497 of 2015 (2) dt.02-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48497 of 2015 Arising Out of PS.Case No. -303 Year- 2015 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Vijay Kumar Rai Son of Satnarayan Rai resident of village - Sopawa Tola, P.S. Nautan, District - West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Kanhaiya Kishore (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-12-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Bettiah Town P.S. Case No. 303 of 2015 registered for the offences punishable under Sections 379, 411 of the Indian Penal Code. The informant purchased Bajaj Pulsar Motorcycle for Rs. 20,000/- from Sri Bikash Kumar having registration no. BR05D2881 and after parking the same in front of Supriya International Hotel the informant went to work in Idea office, when he returned he found his motorcycle not there. During investigation the petitioner was apprehended with said motorcycle. Submission is of false implication and that the petitioner

Patna High Court Cr.Misc. No.48497 of 2015 (2) dt.02-12-2015 has been made victim of circumstances, from seizure list it reveals that the said motorcycle was recovered from near the house of the informant, the seizure list witnesses are interested witnesses and not independent witnesses and the petitioner having no criminal antecedent is suffering in custody since 28.05.2015. Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail after completing nine months in custody from the date of his remand on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah (T) P.S. Case No. 303 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) avin/- U T