Laddu Khan @ Laddv Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70837 of 2018 Arising Out of PS. Case No.-285 Year-2018 Thana- MAJHAULIA District- West Champaran ====================================================== Laddu Khan @ Laddv Khan, Son of Madhasan Khan, Resident of VillageAhwar Shekh, Pathan Toli, Police Station- Majhaulia, District- West Champaran at Bettiah.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sri Binod Kumar 3 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Majhaulia P.S. Case No. 285 of 2018 registered for the offences punishable under Sections 413 and 414 of the Indian Penal Code.

Allegation against petitioner is recovery of one stolen motorcycle from his possession.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has falsely been implicated in this case. Co-accused has alleged that he sold the stolen motorcycle to the petitioner. Nothing has been recovered from his possession. He has no criminal antecedent and he is in custody since 08.07.2018. It has been further submitted that similarly placed co-accused has been granted bail

Patna High Court Cr.Misc. No.70837 of 2018(2) dt.10-12-2018 2/2 by co-ordinate Bench of this Court in Cr. Misc. No. 66209 of 2018 vide order dated 05.11.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Majhualia P.S. Case No. 285 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner will co-operate in the trial and shall be properly represented on each and every date fixed by the court and will remain physically present as directed by Court and his absence on two consecutive dates without sufficient reason, his bail bond will 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) Rajiv/ManojU T