Aliraj Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33643 of 2015 Arising Out of PS.Case No. -252 Year- 2015 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Aliraj Mian son of Majid Mian resident of village- Turaha Patti, P.S.- Sirisia, District- West 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. Rajendra Singh Shastrijee (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-08-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in jail since 16.05.2015 in a case registered for offences punishable under Sections 414, 420, 467, 468, 471/34 of the Indian Penal Code.

The prosecution case is that on 15.05.2015 at about 2.10 P.M. the informant P.S.I. Ajeet Kumar Singh, the S.H.O. , Manuapul P.S. recorded his self statement, alleging therein that i) On 15.05.2015 at about 12.30 hours, the Superintendent of police received information to the effect that a stolen Bolero Jeep was going towards Bettiah from Lauriya, then he directed the informant to hold the vehicle for checking. Having

Patna High Court Cr.Misc. No.33643 of 2015 (2) dt.19-08-2015 2/3 lodged sanha in this behalf a police party was organized and checking started at Bettiah-Lauriya road.

ii) At about 1.10. P.M., a silver coloured Bolero jeep bearing registration No. BP-06 PA -1369 was intercepted and on query, the driver disclosed his name as Aliraj Mian ( son of the petitioner) and further disclosed that the vehicle belonged to the petitioner. The driver produced original owner book, which reflected that the said vehicle was transferred in the name of the petitioner from the first registered owner Ramesh Kumar Yadav. iii) On verification from DTO Office, Muzaffarpur, it transpired that the said registration number was running in the name of one Dolly Srivastava. In presence of two witnesses Santosh Kumar Thakur and Anil Kumar Rai the vehicle and the owner book were seized and seizure-list was prepared in accordance with law.

It has been submitted by the learned counsel for the petitioner that the petitioner is innocent and bolero vehicle belongs to his father, who is bonafide purchaser of this vehicle on payment of consideration money from one Ramesh Kumar Yadav, who was registered owner of the vehicle. It has also been submitted by the petitioner that at the time of seizure of the said vehicle, he had produced original owner book and papers, which testifies his

Patna High Court Cr.Misc. No.33643 of 2015 (2) dt.19-08-2015 3/3 innocence.

In view of the facts and circumstances, let the petitioner, namely, Aliraj Mian 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 Chief Judicial Magistrate, West Champaran at Bettiah in connection with Bettiah Muffasil ( Manuapul) P.S. Case No. 252 of 2015. (Nilu Agrawal, J) Sudha/- U T