Petitioner in custody sought bail in theft case involving alleged misappropriation of motorcycle. Court granted bail upon furnishing bond and sureties subject to cooperation and tampering conditions.
Petter released on bail by furnishing bond of Rs. 20,000 with two sureties of same amount each to C.J.M., Bettiah.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5771 of 2021
Arising Out of PS. Case No.-474 Year-2020 Thana- BETTIAH CITY District- West
Champaran
======================================================
Md Allaudin, Son of Md. Kalam, Resident of Hospital Road, Bettiah P.S. Bettiah Town, District West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Ataur Rahman, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
2 13-04-2021
Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 379/411 of the Indian Penal Code.
Informant has alleged in his written complaint that on 08.08.2020 while he had come to M.J.K. Hospital, Bettiah for treatment of his father-in-law by motorcycle of his brotherin-law and parked his motorcycle at the gate of Hospital and when he came out then he saw petitioner taking away his motorcycle, he raised alarm and thereafter he was caught with stolen motorcycle by the people.
Patna High Court CR. MISC. No.5771 of 2021(2) dt.13-04-2021 2/3
It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner has got no concern with the alleged offence as nothing has been recovered from his conscious possession. As a matter of fact, the informant had parked his motorcycle very recklessly at the main gate of the hospital which created traffic jam near the gate and when petitioner objected the action of the informant and on being annoyed the informant lodged a case with false story. Petitioner has no criminal antecedent and is in custody since 09.08.2020.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 474 of 2020, subject to 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 represented on each and every date fixed by the court.
(3) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.5771 of 2021(2) dt.13-04-2021 3/3
witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the
petitioner.
(S. Kumar, J)
Rajiv/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a theft case pending trial.
Md Allaudin
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
