Mohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80525 of 2019 Arising Out of PS. Case No.-625 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== Mohit Kumar, Gender-Male, Aged about-27 years, son of Shankar Prasad, Resident of Kotwali Chowk, Gang No. 1, P.S.- Bettiah Town, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar No 7, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 07-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bettiah Town PS Case No.625 of 2019 dated 21.08.2019 instituted under Sections 420, 467, 468, 471, 414/34 of the Indian Penal Code.

3. The allegation against the petitioner is of possessing a motorcycle without valid papers.

4. Learned counsel for the petitioner submitted that out of the two motorcycles which were recovered from his house, one was owned by his sister-in-law for which there is valid paper, whereas, the other one was bought from Akash

Patna High Court CR. MISC. No.80525 of 2019 dt.07-01-2020 2/3 Kumar for rupees fifteen thousand. It was submitted that the petitioner was assured by Akash Kumar that the papers will be given and that is why there was no registration number and the motorcycle was not being used. Learned counsel submitted that the petitioner is totally innocent and he was not aware of there being any controversy with regard to the motorcycle, which he had bought from Akash Kumar. It was further submitted that the petitioner does not have any other criminal antecedent and is in custody since 22.08.2019.

5. Learned APP submitted that the petitioner does not have valid papers for the motorcycle, which was recovered from his house.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, in Bettiah Town PS Case No.625 of 2019, subject to the conditions (i) that one of the bailors shall be a close relative of the petitioner (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the

Patna High Court CR. MISC. No.80525 of 2019 dt.07-01-2020 3/3 Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

7. The application stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J) J. Alam/- AFR/NAFR U T