Surendra Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Surendra Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner released on bail upon furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XI, Chapra in Manjhi P.S. Case No. 301 of 2023, subject to the four conditions stated in paras 19-25 of the order.

Issue for consideration

Whether Surendra Kumar, arrested after alleged recovery of a motorcycle without a number plate and prosecuted under Sections 413 and 414 of the Indian Penal Code in Manjhi P.S. Case No. 301 of 2023, should be released on bail.

Court's answer

Considering the facts, circumstances and submissions of both sides, the court ordered release of the petitioner on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XI, Chapra in Manjhi P.S. Case No. 301 of 2023, subject to specified conditions.

Ratio / Principle

Conditions imposed on bail: (i) petitioner shall co-operate in the trial and be represented on every fixed date, failing which, on absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled; (ii) one bailor shall be his own blood relation, preferably father, mother, brother, sister or wife; (iii) the bailor shall state on affidavit that he will inform the court if the petitioner is made accused in any other case of similar nature, whereafter the court below may initiate proceedings for cancellation of bail on ground of misuse; and (iv) if the petitioner tampers with evidence or witnesses, the prosecution may move for cancellation of bail.

Detailed headnote1 paragraphs

Patna High Court (Khatim Reza, J.), Criminal Miscellaneous No. 14933 of 2024, decided 11-03-2024: Bail granted to Surendra Kumar in connection with Manjhi P.S. Case No. 301 of 2023 (dated 25.09.2023, District Saran), instituted under Sections 413 and 414 of the Indian Penal Code, arising from alleged recovery of a Passion Pro motorcycle (Engine No. HA10SCKKF08005; Chasis No. MBLHAWO181224F11191) without a number plate from his possession. Petitioner in custody since 26.09.2023, with one criminal case against him and charge-sheet already submitted. Released on furnishing bail bonds of Rs. 10,000/- with two like-amount sureties to the satisfaction of the learned A.C.J.M.-XI, Chapra, subject to conditions: attendance and trial cooperation with cancellation on absence on two consecutive dates without sufficient reason; one bailor to be a blood relation; bailor's affidavit undertaking to disclose any future accusation of similar nature (misuse grounds); and liberty to prosecution to seek cancellation on tampering with evidence or witnesses. Learned A.P.P.'s opposition noted; no precedent cited.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14933 of 2024

Arising Out of PS. Case No.-301 Year-2023 Thana- MANJHI District- Saran

======================================================

Surendra Kumar Son of Late Laxman Mahto Resident of Village- Mahuari, Police Station- Muffasil, Dist.- Siwan

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raghav Prasad, Advocate For the Opposite Party/s : Mr. Akbar Ali, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

2 11-03-2024

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Manjhi P.S. Case No. 301 of 2023 dated 25.09.2023, instituted for the offence punishable under Sections 413, 414 of the Indian Penal Code.

The allegation against the petitioner is that a Passion Pro Motorcycle bearing Engine No. HA10SCKKF08005 and Chasis No. MBLHAWO181224F11191 having without number plate has been recovered from his possession.

Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that the petitioner has no concern with the said motorcycle. The said motorcycle was

Patna High Court CR. MISC. No.14933 of 2024(2) dt.11-03-2024 2/3

lying by the side of the road and while the petitioner was passing through the road, the police arrested him only on the basis of suspicion. Lastly, it has been submitted that the petitioner is in custody since 26.09.2023 having one criminal case against him. Charge-sheet has been submitted in the case.

Learned A.P.P. has opposed the prayer for bail of the

petitioner.

Having considered 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 bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XI, Chapra in Manjhi P.S. Case No. 301 of 2023, subject to the following conditions:-

I. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

II. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

III. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is

Patna High Court CR. MISC. No.14933 of 2024(2) dt.11-03-2024 3/3

made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

IV. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Khatim Reza, J)

premchand/-

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