Mohan Kumar @ Mohan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72950 of 2019 Arising Out of PS. Case No.-129 Year-2019 Thana- BELHAR District- Banka ====================================================== MOHAN KUMAR @ MOHAN MANDAL Son of Umesh Mandal Resident of Village - Bhojpur, P.S.- Belhar, Dist.- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Balram Kapri For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-12-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Section 414 of the Indian Penal Code. Allegation is that petitioner was apprehended riding stolen motorcycle without registration number during vehicle checking.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Nothing has been recovered from the possession of the petitioner. Petitioner is in custody since 11.05.2019.

Considering the fact that stolen motorcycle was recovered from the possession of petitioner and he having criminal antecedent I am not inclined to enlarge the petitioner on bail at this stage.

Hence, the prayer for bail of the petitioner is hereby

Patna High Court CR. MISC. No.72950 of 2019(2) dt.11-12-2019 2/2 rejected.

However, it is observed that petitioner be released on bail after framing of charge by the court below upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Belhar P.S. Case No. 129 of 2019, 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, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U