Md. Nasir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55227 of 2015 Arising Out of PS.Case No. -583 Year- 2015 Thana -KATIHAR District- KATIHAR ====================================================== Md. Nasir, S/o Late Sannu, R/o Bhagwan Chowk, Amirabad, P.S. Katihar Town, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 10-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Katihar Town P.S. Case No.583 of 2015 registered under Sections 414/34 of the Indian Penal Code.

The accusation is that the petitioner was apprehended by the police alongwith one motorcycle and on making demand of paper regarding the motorcycle by the police, the petitioner could not produce the same to the police.

Learned counsel appearing on behalf of the petitioner submits that the petitioner had purchased the seized motorcycle from one Vinay Rai, son of Ramlakhan Rai, resident of Kheria,

Patna High Court Cr.Misc. No.55227 of 2015 (3) dt.10-02-2016 2/2 P.S. Khera, District-Katihar on the consideration of Rs.4500/- but the paper was not handed over to the petitioner by the informant due to non full payment of the consideration amount. Moreover, while the chargesheet has been submitted by the police in this case, but nowhere it is stated that the motorcycle, which is said to be seized from the possession of the petitioner, was of theft motorcycle. The petitioner is in custody since 22.09.2015. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, in connection with Katihar Town P.S. Case No.583 of 2015.

(Rajendra Kumar Mishra, J) P.S./- U T