Raju Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.46883 of 2017 (2) dt.17-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46883 of 2017 Arising Out of PS.Case No. -107 Year- 2017 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Raju Mahto, Son of Rameshwar Mahto, resident of village- Bathna, P.S.- Pipra Kothi, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Sri Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2017 Heard the parties.

The petitioner seeks regular bail in connection with Pipra Kothi P.S.Case No.107 of 2017 registered for offences punishable under Section 379 of the Indian Penal Code. Allegation against the petitioner is of theft of the motorcycle.

Submission of the learned counsel for the petitioner is that the petitioner is not named in the FIR, nothing has been recovered from his possession and later on due to enmity, the informant has filed a petition naming this petitioner. The petitioner has no criminal antecedent and he is in custody for about three months.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.46883 of 2017 (2) dt.17-10-2017 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari, East Champaran in connection with Pipra Kothi P.S.Case No.107 of 2017. With following conditions :

(i) One of the bailors of the petitioner shall be local person having sufficient immovable property within the jurisdiction of concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidences.

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court concerned and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T