Manoj Kumar Pandit @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75346 of 2019 Arising Out of PS. Case No.-406 Year-2019 Thana- BAHADURPUR District- Darbhanga ====================================================== MANOJ KUMAR PANDIT @ MANOJ KUMAR, S/o Late Lalo Pandit R/o village- Suri Kharsar, P.S.- Kalyanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Prasad For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Bahadurpur P.S. Case No. 406 of 2019, disclosing the offences under Sections 414/34 of the Indian Penal Code. While riding a Motorcycle, the petitioner was intercepted by the Police and since he could not produce any document in support of the said vehicle, he has been made accused.

Learned counsel for the petitioner has referred to the statement made in paragraph-8 of the application. He submits that petitioner is a Motorcycle Mechanic and in that capacity, the Motorcycle was there in his possession. He further submits

Patna High Court CR. MISC. No.75346 of 2019(2) dt.26-11-2019 2/2 that in any event, in the absence of any allegation of constitution of an offence punishable under Section 379 of the Indian Penal Code, no offence punishable under Section 414 of the Indian Penal Code can be said to be made out.

I find some force in submission so advanced on behalf of the petitioner.

Considering the above, this application is allowed. Let the petitioner, above-named, 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 learned Sub Divisional Judicial Magistrate, Darbhanga, in connection with Bahadurpur P.S. Case No. 406 of 2019, subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail Bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) S.Ali/- U T