Fuddan Rai @ Fudan Rai @ Dharmendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67324 of 2018 Arising Out of PS. Case No.-187 Year-2018 Thana- PATLIPUTRA District- Patna ====================================================== Fuddan Rai @ Fudan Rai @ Dharmendra Rai, son of Thela Rai @ Ram Balak Rai, Resident of village, Rajapur Prnami Mandir Gali, P.S. Sri Krishnapuri, District, Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyank Deepak For the Opposite Party/s :

Ms. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Pataliputra P.S. Case No.187 of 2018 registered for the offence punishable under Section 379 of the Indian Penal Code.

Informant is Sub-Inspector of Police of Patliputra police station, who has stated that on 09.05.2018, an Indigo car was seized under the Excise Act and was kept outside the boundary wall of the police station along with other cars but the same was stolen in the night by unknown thieves and was recovered from Noida.

It has been submitted that except the confessional statement of co-accused, Ganesh Kumar @ Nanhki, there is no other incriminating material against the petitioner. It has further

Patna High Court Cr.Misc. No.67324 of 2018(3) dt.06-12-2018 2/2 been submitted that the car has not been recovered from his possession and he is in custody since 23.07.2018. 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/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Pataliputra P.S. Case No.187 of 2018, with following conditions:- (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 represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(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) Sanjay/- U T