Patna High CourtCR. MISC./8376/2016bail granted

Sapan Das v. The State Of Bihar

2016-02-25Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8376 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -BHAGHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sapan Das, Son of Pramod Das, resident of Village- Siswa Colony, P.S. Bhangaha, District- West Champaran.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Sakir Ahmad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 25-02-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner and one Kamil Mian were apprehended by the police when they were going by stolen motorcycle. Learned counsel for the petitioner submits that the coaccused Kamil Mian confessed his guilt before the police that t he aforesaid motorcycle was given to him by one Wahid and Bhagirath Mahto and one week prior to the alleged occurrence petitioner enquired about the aforesaid motorcycle and then the aforesaid co-accused Kamil Mian disclosed that the said motorcycle was a stolen property.

Learned counsel for the petitioner submits that as a

Patna High Court Cr.Misc. No.8376 of 2016 (2) dt.25-02-2016 2/2 matter of fact, petitioner was not aware that co-accused Kamil Mian was using stolen motorcycle and as a matter of fact, petitioner was a bonafide pillion rider. It is further submitted that the petitioner does not have any criminal antecedent and is languishing in jail custody since 13.1.2016.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri S.D. Bharti, J.M. 1st Class, Bettiah, West Champaran in connection with Bhangaha P.S. Case No.03 of 2016.

(Hemant Kumar Srivastava, J) N.H./- U T