Patna High CourtCR. MISC./18008/2016bail granted

Roshan Kumar @ Roshan Rai @ Roshan Kumar Yadav v. The State Of Bihar

2016-04-29Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.18008 of 2016 (2) dt.29-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18008 of 2016 Arising Out of PS.Case No. -50 Year- 2015 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Roshan Kumar @ Roshan Rai @ Roshan Kumar Yadav son of Amardeo Rai, resident of village- Shobhita, P.S.- Rajepur, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s Mr. Rajesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 29.04.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 414 of the Indian Penal Code.

One stolen motorcycle is said to have been recovered from the verandah of the petitioner but according to the prosecution case itself, the aforesaid recovery was made in absence of the petitioner. Learned counsel for the petitioner points that according to the first information report alleged recovery was made on 24.8.2014 but FIR was lodged on 29.4.2015 i.e. eight months after the alleged occurrence. He further submits that even if recovery was made on 24.4.2015, then also, there is five days delay in lodging in the FIR. No doubt, petitioner carries criminal antecedent of several cases but considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on

Patna High Court Cr.Misc. No.18008 of 2016 (2) dt.29-04-2016 furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Sikrahana, East Champaran at Dhaka in Rajepur P.S. Case no. 50/2015.

shahid (Hemant Kumar Srivastava,J) U T