Praphul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 75772 of 2018 Arising Out of PS. Case No.-229 Year-2018 Thana- WAJIRGANJ District- Gaya ====================================================== Praphul Kumar, Son of Ashok Singh, Resident of Village- Kurkihar, P.S.- Wazirganj, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered under Section 379 of Indian Penal Code.

It is submitted by the petitioner's counsel that the petitioner has been implicated in this case alleging theft of the motorcycle only on suspicion. None has seen the occurrence. Other than suspicion, there is the self-confessional statement of the petitioner and on such basis, he has been in custody since 13.07.2018. Prior to the instant case, there is no criminal antecedent against the petitioner.

Considering the aforesaid submissions and the facts and circumstances of the case, petitioner's prayer for bail is

Patna High Court Cr.Misc. No.75772 of 2018(2) dt.17-12-2018 2/2 allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Gaya in Wazirganj Police Station Case No 229 of 2018 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T