Amit Kumar Singh And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8709 of 2019 Arising Out of PS. Case No.-471 Year-2018 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ======================================================

1. AMIT KUMAR SINGH,

2. Pandav Kumar Both are sons of Late Narayan Singh Resident of village-Chandpur, P.S.- Sajour, District-Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody since 22.09.2018 in a case registered for the offences punishable under Sections 379, 411, 413, 414 of the Indian Penal Code. The prosecution case got initiated on the basis of confessional statement of a wanted accused, namely, Awadhesh Kumar in Kotwali (Tilkamanjhi) P.S. Case No. 443 of 2018, who confessed that he used to commit theft of the

Patna High Court Cr.Misc. No.8709 of 2019(2) dt.14-02-2019 2/3 motorcycles from different places of Bhagalpur and used to sell them through the motor garage owners. Subsequently, some stolen motorcycles were recovered from the houses of co-accused Lakho Das and Mukesh Kumar. It is further alleged that from the garage of petitioner no.1, Amit Kumar Singh, one stolen motorcycle was recovered.

It is submitted by learned counsel for the petitioners that the petitioners used to run the alleged motor garage and it is very difficult to verify that the motorcycle brought by anybody for the purpose of repairing is stolen one or genuine. It is further submitted that the investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP for the State submits that the stolen motorcycle has been recovered from the garage of the petitioner.

Considering the fact that investigation has already been concluded and coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on bail, on furnishing bail bond of Rs.10,000/- (ten

Patna High Court Cr.Misc. No.8709 of 2019(2) dt.14-02-2019 3/3 thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Bhagalpur, in connection with Kotwali (Tilkamanjhi) P.S. Case No. 471 of 2018. (Dinesh Kumar Singh, J) Ashwini/- U T