Gourav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 70643 of 2019 Arising Out of PS. Case No.-544 Year-2019 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

Gourav Kumar (male) aged about 19 years Son of Sunil Mandal Resident of Village- Indupur, P.S.- Barahiya, District- Lakhisarai. 2.

Ravi Kumar @ Anurag (male) aged about 19 years Son of Mohan Laheri Resident of English, Ward No. 19, Barahiya, P.S.- Barahiya, DistrictLakhisarai. 3.

Bhadhrau Kumar (male) aged about 19 years Son of Moti Lal Sao Resident of Village- Indupur, P.S.- Barahiya, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmanand Pd. Nr. Sahi For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

29-01-2020 Heard learned counsel for the parties.

The petitioners have prayed for grant of bail in Lakhisarai P.S. Case No. 544 of 2019 registered for the offence under Section 379 of the Indian Penal Code.

The allegation against the petitioners is of stealing the motorcycle of the informant.

It is submitted on behalf of petitioners that initially, the F.I.R. was lodged against unknown, but later on, on the information given by the informant, the police apprehended petitioners alongwith stolen motorcycle. It is further submitted that petitioners are innocent and have committed no offence and

Patna High Court CR. MISC. No.70643 of 2019(3) dt.29-01-2020 2/2 except suspicion, there is nothing against the petitioners. In this case, chargesheet has already been submitted and as such, there is no chance of tampering with the evidence. Petitioners are in custody since 01-08-2019, having no criminal antecedent. Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 544 of 2019 on the following conditions:

"(1) Petitioners shall cooperate 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 on their absence on two consecutive dates without sufficient reason, their bail-bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T