Praveen Kuamr v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83038 of 2019 Arising Out of PS. Case No.-247 Year-2019 Thana- BENIPATTI District- Madhubani ====================================================== PRAVEEN KUAMR S/o Shree Umesh Yadav R/o village- Kathaila, P.S.- Bisfi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan, Adv.

For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Benipatti P. S. Case No. 247 of 2019 instituted for the offence under Section(s) 379 and 401 of the Indian Penal Code.

The allegation is that the petitioner along with co-accused upon seeing the police tried to flee away. Upon apprehension by the informant (A.S.I.), the allegation is that one slide wrench, mobile phone and one master key have been recovered from the petitioner's possession.

It is submitted by the petitioner's counsel that the alleged recovered articles are not sufficient to attract the offences under

Patna High Court CR. MISC. No.83038 of 2019(2) dt.14-01-2020 2/3 Section 379 of the Indian Penal Code. The petitioner has no concern with the motorcycle and till submission of charge sheet, there is no information regarding concealing of the motorcycle by any person. The petitioner was in bona fide possession of the same having purchased it from one Haribansh Yadav. It is, under these circumstances, that the petitioner having no criminal antecedents is in custody since 31.08. 2019. The learned APP for the State opposed the prayer for bail. Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Benipatti (Madhubani), in connection with Benipatti P. S.

Case No. 247 of 2019, subject to the following conditions:- (i) 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.

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

Patna High Court CR. MISC. No.83038 of 2019(2) dt.14-01-2020 3/3 bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U