Lal Kamti @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72182 of 2019 Arising Out of PS. Case No.-213 Year-2019 Thana- BISFI District- Madhubani ====================================================== 1.

LAL KAMTI @ RAHUL KUMAR Son of Asho Kamti Resident of Village -Nehara, P.S.- Manigachhi, District- Darbhanga. 2.

Pinku Kamti Son of Asho Kamti Resident of Village- Nehara, P.S.- Manigachhi, District- Darbhanga.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Bisfi (Aunsi) P. S. Case No. 213 of 2019 instituted for the offence under Section 379 of the Indian Penal Code.

Petitioner No.1 is said to be in custody since 03.09.2019 whereas petitioner No.2 is in custody since 26.07.2019. It is stated by the petitioners' counsel that petitioners bear no criminal antecedents. It is submissions of the petitioners' counsel that petitioners had no information that the car was stolen. The same was purchased in the normal course of business of running their Kabari shop. The confession has been

Patna High Court CR. MISC. No.72182 of 2019(2) dt.11-12-2019 2/2 obtained forcefully.

The learned APP for the State opposed the prayer for bail. Considering the aforesaid, let the petitioners, above named, be released 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 the A.C.J.M., Benipatti, Madhubani, in connection with Bisfi (Aunsi) P. S. Case No. 213 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T