Patna High CourtCR. MISC./16425/2015bail granted

Harendra Yadav v. The State Of Bihar

2015-06-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16425 of 2015 Arising Out of PS.Case No. -158 Year- 2014 Thana -GOPALGANJ CITY District- GOPALGANJ ======================================================

1. Harendra Yadav son of Mahangu Yadav Resident of Village- Bideshi tola,Police Station-Tiwary,District- Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Anita Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-06-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Gopalganj Town P.S. Case No. 158 of 2014, Trial No. 04 of 2014 for the offences punishable under sections 379 and 411 of the Indian Penal Code.

The prosecution case, in brief, is that the informant was sleeping in his under construction house keeping his motorcycle outside in the night of 3-4-2014, which was stolen away by unknown miscreants.

It has been submitted on behalf of the petitioner that the petitioner is not named in the F.I.R. Further, it is submitted that the petitioner in good faith was moving on the stolen motorcycle without any knowledge that the motorcycle in question on which the petitioner was moving is stolen property, and the

Patna High Court Cr.Misc. No.16425 of 2015 (2) dt.10-06-2015 2 / 2 said motorcycle is alleged to have been recovered from the possession of the petitioner.

Further, it is submitted that no T.I. Parade has been conducted to prove the participation of the petitioner in the present case.

It is further submitted that the petitioner is in custody since 9-9-2014.

On behalf of the State, it has been submitted that the name of the petitioner has appeared in the present case in course of investigation.

Considering the facts and circumstances of the case, let the petitioner Harendra Yadav 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 Judicial Magistrate, II nd Class, Gopalganj, in connection with Gopalganj Town P.S. Case No. 158 of 2014.

(Sudhir Singh, J) BK.Roy/- U T