Sandip Kumar Mishra @ Sudip Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1401 of 2019 Arising Out of PS. Case No.-320 Year-2017 Thana- RAJNAGAR District- Madhubani ====================================================== SANDIP KUMAR MISHRA @ SUDIP KUMAR MISHRA Srikant Mishra Village - Kharakh, P.S.-Bhairab Asthan, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha, Adv For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Rajnagar P.S. Case No. 320 of 2017 registered for the offence punishable under Sections 420, 468, 471, 401, 441 and 414/34 of the Indian Penal Code. Allegation against the petitioner is of recovery of stolen motorcycle from his house.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that he has no concern with the stolen motorcycle and he had taken the said motorcycle from his friend for personal use. Similarly situated co-accused persons have been granted by co-ordinate benches of this Court vide orders dated 03.05.2018 in Criminal Miscellaneous No. 13957 of 2018, 02.05.2018 in Criminal Miscellaneous No. 16436 of 2018,

Patna High Court Cr.Misc. No.1401 of 2019(2) dt.22-01-2019 2/2 17.05.2018 in Criminal Miscellaneous No. 16824 of 2018. Petitioner is in custody since 01.01.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st class, Madhubani, in connection with Rajnagar P.S. Case No. 320 of 2017, 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