Bipin Kumar @ Chhote v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22309 of 2018 Arising Out of PS. Case No.-7 Year-2018 Thana- MEERGANJ District- Gopalganj ====================================================== Bipin Kumar @ Chhote, Son of Sita Ram Prasad, resident of VillageMatihani Nayan, P.S.- Mirganj, District- Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocdate For the Opposite Party/s :

Mr. Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-04-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks bail in connection with Mirganj P.S. Case No. 07 of 2018 registered for the offence punishable under Sections 392 and 414/34 of the Indian Penal Code. The prosecution case, as lodged by the police personnel, is that on a secret information that some persons have gathered with stolen motorcycle, they reached the place and found four persons with stolen motorcycle out of which one managed to flee away, but three were apprehended with motorcycle, including the petitioner, who could not produce any paper relating to the motorcycle.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and

Patna High Court Cr.Misc. No.22309 of 2018(2) dt.19-04-2018 2/3 the confession made before the police is not an admissible evidence in the eye of law. He submits that the motorcycle was not stolen property and that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateXVIth, Gopalganj in connection with Mirganj P.S. Case No. 07 of 2018, subject to the conditions that:

(1) Both the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating their relationship with the petitioner.

(2) It is also made clear that if, in future, petitioner indulges in an offence of similar nature, the prosecution will be at

Patna High Court Cr.Misc. No.22309 of 2018(2) dt.19-04-2018 3/3 liberty to move the learned Court below for cancellation of his bail bonds.

(Nilu Agrawal, J.) Arjun/- U T