Gudu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66495 of 2022 Arising Out of PS. Case No.-601 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== GUDU KUMAR Son of Ram Ayodhya Prasad @ Ramayodhaya Prasad Resident of Village - Dhekaha Laxman Tola, P.S.- Muffasil, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the State :
Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 25-04-2023 Heard both the parties.
2. The petitioner seeks bail in anticipation of his arrest in connection with Motihari Muffasil P.S. Case No. 601/2022, dated 19.08.2022, instituted for the offences under Sections 467, 468 and 414 of the I.P.C.
3. Learned APP for the State opposes the prayer for grant of bail.
4. The allegations against the petitioner is under section 467, 468 and 414 of the I.P.C. From the perusal of the order passed by the learned sessions judge, it appears that the accused had purchased motorcycle from the owner of the motorcycle. There is no allegation against the accused of having
Patna High Court CR. MISC. No.66495 of 2022(2) dt.25-04-2023 2/3 purchased any stolen motorcycle.
5. Taking into consideration the allegations, I am inclined to grant anticipatory bail to the petitioner namely, Guddu Kumar and in the event of arrest, he shall be released on bail, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., which are held as under:- (i) The petitioner shall cooperate with the investigation and make himself available for interrogation whenever required.
(ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer, (iii) The petitioner shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the police; (iv) The petitioner shall maintain law and order; (v) The petitioner shall, at the time of execution of the bond, furnish his address and mobile number to the investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case; (vi) The petitioner shall surrender his passport, if any,
Patna High Court CR. MISC. No.66495 of 2022(2) dt.25-04-2023 3/3 before the investigating officer within a week and, if he does not possess any passport, he shall file an affidavit to that effect before the investigating officer;
(vii) The petitioner shall regularly remain present during the trial and cooperate with the Hon'ble Court to complete the trial for the above offences.
(Sanjeev Prakash Sharma, J) Sachin/- Item No. 78 U T