Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40450 of 2017 Arising Out of PS.Case No. -138 Year- 2017 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) ====================================================== Sanjeev Kumar, Son of Anil Singh, Resident of Village- Pathraura, Police Station- Wazirganj in the district of Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Navin Sharma, Advocate For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 14.04.2017 in connection with Laheri P.S. Case No. 138 of 2017 registered for offences punishable under Sections 413 and 414/34 of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that during vehicle checking, petitioner was apprehended with stolen motorcycle, who disclosed that he had purchased the said motorcycle for Rs. 18,000/- from one Jagdeo Yadav and on a tip-off, house of said Jagdeo Yadav was raided and one motorcycle was recovered and from the house of other co-

Patna High Court Cr.Misc. No.40450 of 2017 (3) dt.18-10-2017 2/3 accused, Pankaj Giri, two motorcycles were recovered. It is alleged that accused Jagdeo Yadav also named other accused Sethi.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and is not involved in sale and purchase of stolen motorcycle. He submits that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner. It is also submitted that co-accused Jagdeo Yadav from whom he had purchased motorcycle, has already been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 39008 of 2017 on 21.08.2017.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Additional Chief Judicial Magistrate-I, Nalanda at Biharsharif in connection with Laheri P.S. Case No. 138 of 2017, subject to the conditions that one of the bailors should be local person having

Patna High Court Cr.Misc. No.40450 of 2017 (3) dt.18-10-2017 3/3 sufficient immovable properties within the jurisdiction of the court and he will cooperate in the trial and appear before the court on each and every date fixed in the case, failing which his bail bond will be cancelled.

(Nilu Agrawal, J.) Arjun/- U T