Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6924 of 2019 Arising Out of PS. Case No.-120 Year-2017 Thana- HARLAKHI District- Madhubani ====================================================== Chandan Kumar, Son of Amiri Lal Yadav, R/o village- Radh, P.S- Kaluahi, District-Madhubani.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Gagan Deo Yadav, Advocate.

For the Opposite Party :

Mr. C.Jawahar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-02-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 414, 401, 411, 412, 413 and 120(B) of the IPC.

The prosecution story, in brief, is that on 17.07.2017 in course of checking of the vehicle, the informant caught three persons riding on a Motorcycle as Pramod Kumar Das, Kundan Kumar and Ranjan Kumar Yadav. On query, they could not produce the registration paper of the Motorcycle and revealed that a looted Motorcycle bearing Registration No. BR06AE/3920 was given to this petitioner. On the tip-off of the

Patna High Court Cr.Misc. No.6924 of 2019(2) dt.06-02-2019 2/3 apprehended accused persons, raid was conducted in the houses of other co-accused and stolen motorcycles were recovered. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Three persons are said to have been apprehended with the stolen Motorcycle. As per statement of coaccused Ranjan Kumar Yadav, it is alleged that one of the stolen Motorcycles was given to this petitioner. The petitioner had no knowledge regarding the stolen motorcycle nor stolen motorcycle was recovered from conscious possession of the petitioner.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Benipatti, Madhubani, in connection with Harlakhi P.S. Case

Patna High Court Cr.Misc. No.6924 of 2019(2) dt.06-02-2019 3/3 No. 120 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T