Tuntun Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.814 of 2018 (2) dt.11-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.814 of 2018 Arising Out of PS.Case No. -195 Year- 2017 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Tuntun Mahto son of Prabhu Mahto Resident of Village - Madhubani, Police Station - Sangrampur, District - East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Madhurendra Kumar, Advocate For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 413 and 414 of Indian Penal Code.

Counsel for the petitioner submits that merely on the basis of suspicion the petitioner has been apprehended for selling a motorcycle. Neither FIR has not been lodged in respect of the same motorcycle nor has the same been claimed by anyone. He further submits that he was arrested because he was present at the Bazar where the said motorcycle was parked. He is in custody since 19.06.2017. Prior to the instant case the petitioner has no criminal antecedent.

In the facts and circumstances of the case, prayer for

Patna High Court Cr.Misc. No.814 of 2018 (2) dt.11-01-2018 bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari in Harsidhi P.S. Case No. 195 of 2017 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U T