Patna High CourtCR. MISC./48437/2018bail granted

Lakhindra Yadav v. The State Of Bihar

2018-10-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48437 of 2018 Arising Out of PS.Case No. -74 Year- 2017 Thana -KOTWA District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Lakhindra Yadav S/o Late Punyadeo Rai, R/o Vill.- Bhopatpur Nadi Kanhi, P.S.- Kotwa (Bhopatpur O.P.), District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Binod Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Kotwa P.S.Case No. 74 of 2017, registered for offences punishable under Sections 379 and 411 of the Indian Penal Code, 1860 (IPC).

Allegation as per F.I.R. against the petitioner is of committing theft of motorcycle of the informant but he was apprehended by the villagers and he is in custody since 13.05.2017.

Submission of the learned counsel for the petitioner is that the petitioner has not committed any offence and he has

Patna High Court Cr.Misc. No.48437 of 2018 (2) dt.06-10-2018 2/2 falsely been implicated in the case only on the basis of suspicion and he is in custody since 13.05.2017.

Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Kotwa P.S.Case No. 74 of 2017, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T