Suman Kumar @ Sumant Kr. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.76064 of 2018 Arising Out of PS. Case No.-582 Year-2018 Thana- CHAPRA TOWN District- Saran ====================================================== Suman Kumar @ Sumant Kr., son of Ramesh Singh, resident of village, Hariharpur, P.S. Ekma, District, Saran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harsh Anuj For the Opposite Party/s :
Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2018 Heard learned counsel for the parties.
Petitioner seeks bail in Chapra Town P.S. Case No. 582/2018 registered for the offence punishable under Sections 413, 414/34 of the Indian Penal Code.
Informant is a Police Officer, who in his written report has alleged that on receiving confidential information, he raided near the post office of Sahebganj. Seeing the police party, two persons managed to flee away but the petitioner was arrested having a stolen motorcycle with him, who has stated that he along with other co-accused used to commit theft of motorcycle and used to sell it.
It has been submitted that the motorcycle which the petitioner was riding belonged to his uncle and it was not a stolen motorcycle. It has further been submitted on behalf of the
Patna High Court Cr.Misc. No.76064 of 2018(2) dt.18-12-2018 2/3 petitioner that he is innocent and has falsely been implicated in this case. It is further submitted that petitioner is of a very tender age having no criminal antecedent and he is in custody since 28.09.2018.
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, Chapra, Saran in connection with Chapra Town P.S. Case No. 582/2018, 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the 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,
Patna High Court Cr.Misc. No.76064 of 2018(2) dt.18-12-2018 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U T