Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86793 of 2019 Arising Out of PS. Case No.-603 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== SURAJ KUMAR S/o Jagdish Sharma R/o Mohalla- Gudari Bazar, Ward No. 23, Bagaha, P.S.- Bagaha, District- West Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarendra Nath Verma, Adv.

For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-01-2020 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Bettiah Town P. S. Case No. 603 of 2019 instituted for the offence under Section(s) 379 of the Indian Penal Code.

Two motorcycles are said to have been stolen on 01.08.2019 and 03.08.2019. The petitioner, on 11.09.2019, is alleged to have been apprehended while driving one of the two stolen motorcycles.

It is submitted by the petitioner's counsel that he was in bona fide possession of vehicle in-question having purchased the same. Bona fide is evident from the fact that he was driving the same with the genuine Registration No. affixed on the

Patna High Court CR. MISC. No.86793 of 2019(2) dt.17-01-2020 2/2 motorcycle. Prior to the instant case, the petitioner has no criminal antecedents and under, such circumstances, he is in custody since 11.09.2019. It is also submitted that petitioner has fallen a victim to the unfortunate circumstance. 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 Chief Judicial Magistrate Bettiah, West Champaran, in connection with Bettiah Town P. S. Case No. 603 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 bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U