Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76620 of 2023 Arising Out of PS. Case No.-195 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== Abhay Kumar Bhagrasan Chaudhary R/O Village- Bagahi, Ratanpura, Ps. Bairiya, Dist. West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh, Adv.

For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Nautan P.S. Case No. 195 of 2023 instituted for the offences under Sections 413/414 of the Indian Penal Code.

3. As per prosecution story, the petitioner was arrested with stolen motorcycle in course of vehicle checking by the police. When the police personnel demanded the paper of the motorcycle then he did not produce any document of the same.

4. It has been submitted on behalf of the petitioner that the petitioner is innocent and has falsely been implicated in the present case. He further submits that there is no compliance of Section 100 Cr.P.C. by the Informant and there is no independent witness to support the allegation made against the

Patna High Court CR. MISC. No.76620 of 2023(2) dt.04-12-2023 2/3 petitioner. Learned counsel for the petitioner further submits that the petitioner has altogether four criminal antecedents as stated in the paragraph no.3 of the present bail application all of similar nature of offence but, in all the cases, the petitioner is on bail.

5. The petitioner is languishing in judicial custody since 19.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the entire facts and circumstances of the case as also taking into account the period of custody, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nautan P.S. case No. 195 of 2023 subject to following conditions;

(i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

Patna High Court CR. MISC. No.76620 of 2023(2) dt.04-12-2023 3/3 (iii) If the petitioner repeats the same offence as alleged in the present case in future, the Court Below will be at liberty to cancel the bail bonds of the petitioner. (Rudra Prakash Mishra, J) rishi/- U T