High CourtsSingle Bench(2020) 01 PAT CK 0105

Mohit Kumar vs State Of Bihar

Patna High Court · Decided on 7 January 2020

HON’BLE JUDGES
Ahsanuddin Amanullah, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous No. 80525 Of 2019

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Judgment

19 paragraphs · 393 words
1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bettiah Town PS Case No.625 of 2019 dated 21.08.2019 instituted under Sections 420, 467, 468, 471,

414/34 of the Indian Penal Code.

3.

The allegation against the petitioner is of possessing a motorcycle without valid papers.

4.

Learned counsel for the petitioner submitted that out of the two motorcycles which were recovered from his house, one was owned by his sister-in-

law for which there is valid paper, whereas, the other one was bought from Akash Kumar for rupees fifteen thousand. It was submitted that the

petitioner was assured by Akash Kumar that the papers will be given and that is why there was no registration number and the motorcycle was not

being used. Learned counsel submitted that the petitioner is totally innocent and he was not aware of there being any controversy with regard to the

motorcycle, which he had bought from Akash Kumar. It was further submitted that the petitioner does not have any other criminal antecedent and is

in custody since 22.08.2019.

5.

Learned APP submitted that the petitioner does not have valid papers for the motorcycle, which was recovered from his house.

6.

Considering 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 bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate,

Bettiah, West Champaran, in Bettiah Town PS Case No.625 of 2019, subject to the conditions (i) that one of the bailors shall be a close relative of the

petitioner (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an

undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking

shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure

to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

7.

The application stands disposed off in the aforementioned terms.