Jamadar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19285 of 2015 Arising Out of PS.Case No. -38 Year- 2015 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Jamadar Das Son of Late Vishwanath Das, Resident of Village - Jhakhra, P.S. - Jagdishpur, District - West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Md. Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 03-06-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 413,414, 420 and 120B of the Indian Penal Code.

The allegation is that during raid co-accused Sharma Prasad confessed his guilt and disclosed the name of the petitioner to whom the stolen motorcycle was sold by Pappu Giri and the same has been recovered from the possession of the petitioner.

It is submitted on behalf of the petitioner that the petitioner is a bonafide purchaser and he has purchased the motorcycle from Pappu Giri vide sale letter (Annexure-2) for a consideration amount of Rs.30,000/-. He had no knowledge while purchasing the motorcycle to be a stolen one. He has no criminal antecedent.

Patna High Court Cr.Misc. No.19285 of 2015 (2) dt.03-06-2015 2 / 2 Considering the facts and circumstances of this case, the above-named petitioner is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Rajeev Kumar-IV, Judicial Magistrate, Ist Class, Sadar, Motihari in Kotwa P.S. Case No. 38 of 2015 with the following conditions:

1. One of the bailors will be the close relative of the petitioner.

2. The petitioner will not indulge in similar or in any other offence.

3. The petitioner will be well represented in the court.

4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) sudip/- U T