Suraja @ Suraj Master v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4219 of 2015 Arising Out of PS.Case No. -58 Year- 2014 Thana -MARANCHI District- PATNA ======================================================

1. Suraja @ Suraj Master Son of Harekant Singh Resident of vill-Maranchi Tin Bhaiya,P.S-Maranchi,Distt.-Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Premchandra Yadav, Advocate. For the Opposite Party/s : Mr. B.N. Pandey, (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-02-2015 Heard both sides.

The petitioner seeks bail in Maranchi P.S. Case No. 58 of 2014, registered for the offences punishable under Sections 413 and 414 of the Indian Penal Code.

The informant a police officer got information that a theft has come, on such raid was conducted and the petitioner was arrested. In front of the house of the petitioner, one Hero Honda motorcycle Glamour bearing Registration No. BR 01AY-1076 was seized.

Learned counsel for the petitioner submits that there is absolutely no evidence to show that the petitioner committed theft of the motorcycle. The police under coercion got his confessional statement. The motorcycle was recovered in front of

Patna High Court Cr.Misc. No.4219 of 2015 (2) dt.02-02-2015 the house of the petitioner and not from the possession of the petitioner. The petitioner has got only one case and he in jail since 12.08.2014.

On perusal of records, it appears that the police has not stated anywhere that the recovered motorcycle is stolen one. The petitioner has got only one case and has remained in jail for five months.

Considering the facts aforesaid, the petitioner is directed to be enlarged 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 learned Additional Chief Judicial Magistrate, Barh, Patna in connection with Maranchi P.S. Case No. 58 of 2014.

(Prabhat Kumar Jha, J.) KKSINHA/- U T