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Patna High CourtCR. MISC./7077/2019allowed

Jitendra Singh v. The State Of Bihar

2019-02-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7077 of 2019 Arising Out of PS. Case No.-217 Year-2018 Thana- DARAUNDA District- Siwan ====================================================== JITENDRA SINGH, S/o Late Kishundeo Singh, Resident of Village - Merahi, P.S.- M. H. Nagar, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Chandra, Adv.

For the Opposite Party/s :

Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-02-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 02.11.2018 in a case registered for the offences punishable under Sections 413, 414 and 420 of the Indian Penal Code and Section 30(b) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is that the petitioner was intercepted with a stolen motorcycle. On chase, the petitioner tried to escape but subsequently, he fell down. It is further alleged that the petitioner was found in intoxicated condition. It is submitted by learned counsel from the petitioner

Patna High Court Cr.Misc. No.7077 of 2019(2) dt.07-02-2019 2/2 that the petitioner purchased the alleged motorcycle from a motorcycle repairing mechanic in good faith. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the recovery of stolen motorcycle was made from the petitioner. Considering the fact that the investigation has been already been concluded, coupled with the statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner 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 learned Additional Sessions Judge-II-cumSpecial Judge, Excise, Siwan in connection with Daraunda (M.H. Nagar) P.S. Case No.217 of 2018.

(Dinesh Kumar Singh, J) Deepak/- U T